Washington Wire
LEGISLATIVE
ISSUES In the wake of the cataclysm of
September 11, the agenda of the Congress and Administration has been almost
exclusively devoted to responses thereto.
Thus, a greater portion of the OU/IPA’s Washington Office will likely
focus upon initiatives associated with Mideast policy, anti-terrorism
legislation and the like. Nevertheless,
as of mid-month, there are signs that congress and the president are again
making room for addressing domestic policy issues of concern to the Orthodox
community. Workplace Religious
Freedom Act We continue to work toward securing
greater protection for the religious needs of employees in the workplace.
Such protections are needed to secure the ability of employees to
observe religious holidays and wear religious garb if not already allowed to
do so by their employer. In the wake of September 11, there has been a manifestation
of greater sensitivity to the issues confronting observant members of minority
religious groups. Moreover, on
October 1, the U.S. Supreme Court declined to review a ruling against a Muslim
woman who lost her job over her wish to wear a religious head scarf.
Thus, we have stepped up our efforts to move the WRFA legislation
forward in the near term. Discussions
with senior White House officials and Senate leaders are ongoing and
encouraging. Education Policy The House of Representatives and the Senate are committed to completing the re-authorizing the Elementary and Secondary Education Act. The measure is now in a conference committee to resolve differences between the two versions of the legislation. We had greater success in the House in securing a continued commitment to the equitable participation of parochial school teachers and students in supplementary educational service programs. We are working with the conferees to ensure that these provisions are retained in the final bill. The Washington Office continues discussions with key officials to develop such proposals. Faith-Based Initiative Legislation designed to implement
the President’s plan to open federal social service grant programs to
participation by religious organizations passed the House of Representatives
last summer.
In the wake of the House vote, attention turned to the Senate where we
have been in close communication with Senator Joe Lieberman, the leading
Democrat on this issue, as well as senior White House officials as the
initiative’s content and strategy is shaped again.
Still, in the wake of the departure of Dr. John DiIullio as director of
this initiative and in the wake of September 11, certain aspects of this
initiative will certainly be deferred. There
is hope, however, that the measures designed to give tax incentives for
greater charitable giving may be brought forward soon. JUDICIAL DOCKET
There
are several significant cases of concern to the Union community on the dockets
of several courts. In
chronological order, the first at hand is the New York State Court of
Appeals’ consideration of the case of Lightman v. Flaum & Weinberger.
This case involves critical issues associated with the legal parameters
governing confidential conversations between rabbis and their congregants.
The OU filed a friend of the court brief in the case in its hearing
before New York’s intermediate appellate court -- http://www.jlaw.com/Briefs/lightman1.html
– and joined with COLPA to file a brief in this hearing of the case before
New York’s highest court. The
United States Court of Appeals for the Third Circuit is preparing to review
the case of Tenafly Eruv Association et. al.
vs. Borough of Tenafly, New Jersey.
This case arises from the decision of Tenafly’s town council to deny
the new Orthodox residents of that New York City suburb permission to use the
town’s right of way in order to establish an eruv.
The Eruv Association had obtained permission from Bergen County and the
local utility company to erect an eruv and had done so. Tenafly ordered the eruv taken down and the Association sued
in federal court for a preliminary injunction against this action.
The Association relied upon the Free Exercise and Free Expression
clauses of the federal constitution, the Fair Housing Act and provisions of
New Jersey state law. The District Court ruled against the Association, despite
recognizing that there was a fair amount of evidence indicating improper
intent motivating the Tenafly council. The
Third Circuit has issued a stay, allowing the eruv to remain in place pending
the appeal. Briefs are due in
this case at month’s end. Finally,
the United States Supreme Court has agreed to finally and directly address the
question of the constitutionality of school voucher programs.
The court will review the City of Cleveland pilot program, a case the
OU/IPA has participated in previously --
http://www.jlaw.com/Briefs/friend1.html
-- and will again in the form of an amicus brief in this historic case. LIEBERMAN SCHOLARS PROGRAM
The
second class of Lieberman Scholars has been selected and will come together
for the first time in Washington for a Shabbaton and the United Jewish
Communities General Assembly to be held in Washington November 9-13.
This year’s Scholars are; Ariel Belson, Overland Park, KS; David
Bratslavsky, Youngstown, OH; Michelle Herman, Woodmere, NY; Avi Weiner,
Sharon, MA; and Ashley Winter, Glen Rock, NJ.
Each Scholar will follow an issue of public policy (e.g.-Stem Cell
Research, Charitable Choice, Education Savings Accounts, etc.) as well as
participating in a series of programs centered on public policy and the Jewish
community. For additional
information please visit our website at http://www.ou.org/NCSY/projects/lieb00.htm
or contact the office at 202-857-2770.
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