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Thurs. & Frl. 8-6 Saturday 8.1 FOR CONSULTATION CALL ANDREW SILOW CARROLL Special to The Jewish News A AMERICAN BULK FOOD COUPON 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. ❑