Saturday, August 20, 2016
No-Fault Divorce Does Not Violate Hindu Husband's Free Exercise Rights.
In Bhandaru v. Vukkum, (KY App., Aug. 19, 2016), a Kentucky appeals court rejected an argument that the state's no-fault divorce law violates the free exercise rights of a Hindu husband. The husband argued that his Hindu religion only permits divorce if some grounds for divorce are stated. The court concluded however that the divorce law is a law of general applicability and the state has a rational basis for it. It thus survives a 1st Amendment challenge and the free exercise provisions of the Kentucky constitution offer no greater protection than those in the 1st Amendment. The court also rejected the argument that under notions of comity it should have applied the Indian Hindu Marriage Act.