Mezuzah Ruckus Goes to Washington

[WSJ_law_blog]

Remember the mezuzah case that sparked such a ruckus in the Seventh Circuit? Judge Frank Easterbrook, in rejecting a family’s complaint over a condo association rule that prohibited “objects of any sort” from being placed in the hallways, wrote that the court “cannot create an accommodation requirement for religion (race, sex, and so on).”

Religion refresher: Mezuzah means “door post” in Hebrew. It consists of a case in which a small hand-written scroll of parchment, called a klaf, is placed. The scroll contains the words of the “Shema Israel” (”Hear Israel”) — a passage from Deuteronomy in which God commands Jews to keep His words constantly in their minds and in their hearts.

The issues in the case could be taken up by Congress, reports the NY Sun’s Josh Gerstein. Under legislation introduced in Congress by Rep. Jerrold Nadler of New York, residents of condominiums and co-ops would be guaranteed the right to post religious displays, such as the mezuzahs, outside apartment doors.

“This legislation is a straightforward attempt to clarify the Fair Housing Act and prevent co-op and condo associations and landlords from interfering with residents’ free exercise of religion,” Nadler told the Sun in an e-mail. “If not creating a public nuisance, residents should clearly be allowed to affix crosses, mezuzahs, or other religious symbols to their doors, no matter where they live.”

The bill is reportedly being co-sponsored by two Republicans, Trent Franks of Arizona and Lamar Smith of Texas, and one Democrat, Robert Wexler for Florida.

The ruling from the 7th Circuit Court of Appeals is not binding in New York, Gerstein notes, but legal experts said there is no clear right to similar religious displays under state law.