Court Ends Two-Year Mixed Seatin g; Controversy in Mt. Clemens
Ruling that "it would be in-
Although the court heard tes-
consistent with religious liberty
for a civil court to deal with
ecclesiatical questions of which
it has no special knowledge," a
Mt. Clemens Court this week
dismissed a case against Cong.
Beth Tefilas Moses of that city.
The case, which had been
pending for two years, was
brought by Baruch Litvin
against the congregation, and
demanded an injunction against
mixed seating in the synagogue.
timony by Rabbi David Hollan-
der and Dr. Samson Weiss, rep-
resenting the Union of Orthodox
Jewish Congregations of Amer!
ica, the defense refused to tangle
in a debate in a public court-
room and, instead, asked that
the case be dismissed.
Charles Rubiner and Arthur
Rubiner, attorneys for the de-
fendant congregation, entered a
statement in which they charged
that "ecclesiastical (matters)
should be relegated to, and de-
cided by, ecclesiastical author.
ities, or by laymen versed in
matters of this nature."
They added, "We are con-
vinced that a public trial by a
secular 'court will result in do-
ing great violence to the dignity
and respect which should sur-
round a religious institution.
"We feel that it would be far
more in keeping with the dig-
nity of a synagogue to allow a
minority . . . to prevail against
,
the expressed wishes of the over-
whelming majority and preserve
self-respect, than for us, the
majority, to prevail."
The ruling magistrate, Judge
Joseph Kane, of Port Huron,
sitting on the Mt. Clemens Cir-
cuit Court _ bench, held that
"there is nothing in the con-
stitution (of the synagogue) or
the deed of the land to require
that it 'be an Orthodox syna-
gogue. Only the word Jewish
is used, and, therefore,--a sec-
ular court has no right to over-
rule the board of directors on
a religious question."
Over two years ago, the board
of Cong. Beth Tefilas Moses had
voted to allow mixed seating in
the synagogue. Action to pre-
vent the measure was taken by
Litvin and two others.
One of the men opposed since
has died, and the second lost
interest, leaving Litvin in op-
position to all other members
of the congregation.
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