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COCA COLA
Jewish Opposition
To Stay Behind Scenes
352-2264
merican Jewish
groups will find
themselves in dis-
agreement on a number of
issues to come before the
U.S. Supreme Court in the
new term that began Mon-
day.
But while Jewish groups
may have opposing views on
such issues as abortion
rights, religion in the public
schools and a patient's so-
called right to die, few of
these disagreements will
manifest themselves in cour-
troom confrontations or even
in competing legal briefs.
For example, while Or-
thodox and non-Orthodox
groups continue to disagree
on the costs and benefits of a
strict separation of religion
and state, their conflict will
not be apparent in the legal
briefs filed in cases dealing
with that subject.
In one such case, Board of
Education vs. Mergens, the
court will consider whether
an Omaha public school
should extend official recog-
nition to a student Bible-
study club that wishes to
meet on school grounds,
against the school board's
wishes.
Groups that support a
strong separation of religion
and state are using the case
to try to overturn the 1984
Equal Access Act, that re-
quires public schools to
grant religious clubs the
same access to school
facilities enjoyed by other
extracurricular organiza-
tions.
The American Jewish
Congress is involved directly
in the case, acting as counsel
to the lawyers for the school
board. The American Jewish
Committee and the Anti-
Defamation League of B'nai
B'rith have filed friend-of-
the-court briefs supporting
the school board's position.
Orthodox groups have not
filed briefs in the case, but
will be monitoring it closely
for signs of a shift in the
court's position on religion-
state separation. Several Or-
thodox groups have urged
that the court take a less ab-
solutist position on this
issue.
Orthodox groups admit to
mixed emotions on the case.
On the one hand, they fear
the Equal Access Act would
allow fundamentalist Chris-
tians to use the public
schools as a base for pro-
Jimmy Swaggert: Tax free?
selytizing. Yet they are con-
cerned that placing limita-
tions in this area will erode
the free exercise of religion.
On another issue, Agudath
Israel of America is so far
the only Jewish group plan-
ning to file a friend-of-the-
court brief in the "right-to-
die" case, Cruzan vs. Har-
mon.
The Orthodox group sup-
ports the state of Missouri's
right to maintain the life of a
comatose patient over the
objections of the patient's
family and against the ex-
pressed wishes of the patient
herself.
For Agudath Israel, the
case has implications for
health- care providers whose
religious beliefs may pro-
scribe them from ter-
minating life.
In another case with direct
religious implications,
AJCongress is filing a brief
in support of the Oregon
Supreme Court, which ruled
that American Indians who
use the illegal drug peyote in
religious ceremonies are
constitutionally immune.
Another religion case that
bears watching, although no
Jewish group intends to in-
tervene, is Jimmy Swaggert
vs. Board of Equalization.
In this case, the television
evangelist will argue that
his constitutional right to
free exercise of religion
prevents California from
imposing a sales tax on the
religious items he sells in
the state.
While Jewish groups
would not want to see any
erosion of free exercise of
religion, some are concerned
that a ruling in the
evangelist's favor could be
tantaoount to government
endorsement of religion,
which is prohibited by the
Constitution. ❑