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FRIDAY, MAY 10, 1991
HAPPY
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DAY!
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New York (JTA) — The
organized U.S. Jewish com-
munity is up in arms over a
federal court of appeals deci-
sion upholding, for the first
time, the constitutionality of
designating Good Friday a
legal state holiday.
In a 2-1 decision handed
down April 30, the U.S.
Court of Appeals for the 9th
Circuit upheld Hawaii's
observance of the Christian
holy day.
The decision "turned the
First Amendment on its
head," according to Joel
Goldstein, an attorney and
president of the West Cen-
tral region of the American
Jewish Congress, who filed a
friend-of-the-court brief in
the case.
"What Hawaii did is
nothing less than a declara-
tion that Christianity and
its observances are its own.
Surely, this is literally an
establishment of religion,"
Mr. Goldstein said in a
statement.
The majority opinion
called the holiday "a
minimal accommodation of
the religious practices of
some Hawaiians," and
reasoned that the state was
not favoring religion, but
merely giving workers a day
off.
Both judges who ruled in
favor of the state — Diar-
muid O'Scannlain and
Stephen Trott — were ap-
pointed by President Ronald
Reagan, according to an
Associated Press account.
In a dissent, Justice
Dorothy Nelson said, "The
holly and the ivy, jingling
bells, red-nosed reindeer and
frosty snowmen this is not.
What this case is about is
Hawaii's endorsement, by
means of a state holiday, of a
day thoroughly infused with
religious significance."
The plaintiffs in the case
were represented by the
American Civil Liberties
Union of Hawaii.
According to ACLU staff
attorney Carl Varady,
"We've had lots of calls from
Christians and Christian
clergy saying they think it's
inappropriate for the state to
give sanction to the day of
' Good Friday."
Mark Stern, legal director
for the American Jewish
Congress, was surprised by
the decision. "It's so obvious
(that this infringes on the
separation of church and
state) that you wonder how
judges can get it wrong," he
said.
The Anti-Defamation
.
League of B'nai B'rith and
Americans United for
Separation of Church and
State signed on to the
AJCongress brief.
"That a religious holiday
should be designated a state
holiday seems inconsistent
with the letter and the spirit
of the establishment clause
of the First Amendment,"
said Steven Freeman, ADL's
legal director.
The ACLU plans to pursue
the case by asking the ap-
pellate court to reconsider
its decision or by taking it to
the U.S. Supreme Court.
If a petition fails to bring
the case before the Supreme
Court, the ACLU, with the
support of AJCongress, will
"pursue this case until it's
finished. We'll go
elsewhere," to one of the
other 11 states where the
Friday before Easter Sunday
is a holiday for state
employees, according to
Stern.
State courts in California
and Connecticut have ruled
that Good Friday cannot be a
legal state holiday.
Prague Sells
Tanks To Syria
Jerusalem (JTA) — Econ-
omic exigencies are forcing
Czechoslovakia to sell tanks
to Syria, its prime minister,
Marian Calfa, explained.
His admission drew an
angry response from Prime
Minister Yitzhak Shamir,
who reminded the
Czechoslovak statesman
that the Soviet bloc had
always demonstrated its
hostility toward Israel by
selling or supplying advanc-
ed weaponry to Israel's
enemies.
But Czechoslovakia is no
longer part of a Communist
bloc and is striving for
democracy and a market
economy. That in essence is
the reason why it must sell
its products to all comers,
Syria included, if it is to
achieve economic viability,
explained Mr. Calfa, who
clearly views world Jewry as
a potential source of in-
vestments in his country.
Czechoslovakia wants to
phase out its massive ar-
maments industries and
convert to civilian produc-
tion, he said. But that takes
time and costs money.
Meanwhile, Czechoslovakia
is hard- pressed for funds,
and its famous arms fac-
tories employ tens of
thousands of breadwinners.