New York Court of Appeals

Susan R. Avitzur v. Boaz Avitzur

February 15, 198358 N.Y.2d 108

Summary

The New York Court of Appeals held that a civil court may enforce the secular obligations of a religious marriage contract (Ketubah) without violating the Establishment Clause, reversing the Appellate Division’s dismissal and allowing the plaintiff’s breach of contract claim to proceed. Justice Jones dissented, arguing that any enforcement would impermissibly entangle the court in religious doctrine.