In S.I. v. M.I., (NJ App., March 22, 2024), a New Jersey state appellate court held that a husband was required to comply with an arbitration agreement he had signed that required him to accept Rabbi David Twersky's decision on his obligation to give his wife a get (Jewish bill of divorce). The rabbi ordered giving of a get, but the husband refused to comply. The trial court declined to confirm the arbitration award because it concluded that it could not order a party to carry out a religious act. The court of appeals reversed, saying in part:
Here, confirmation of the award can be granted under neutral principles of law and without interpretation of religious doctrine. We therefore conclude the Establishment Clause is not violated because the parties' arbitration agreement regarding a get serves the "purpose of enforcing the parties' contractual obligations" and "encouraging divorce litigants to resolve disputes by negotiating and entering" into marital agreements....
Additionally, enforcement does not infringe on the Free Exercise Clause as the parties voluntarily entered into the MOU arbitration provision and agreement....
Confirmation of the award strictly required a determination of defendant's contractual obligation.
