Legislation to help agunot --"chained women"

We support legislation that denies a civil divorce to people who refuse to give their spouses a religious divorce. Well-crafted legislation, which carefully avoided any First-Amendment entanglements between church and state, was introduced in Maryland in 1999 and 2000. (The 2000 version is preferable -- the 1999 version looks like it might affect uncontested divorces, and ones where religious divorce would not be an issue. However, there should be a stronger requirement for requiring proof if a party requests it.) Similar legislation has been introduced in England, according to the aricle quoted below.

From The Jerusalem Post, Wednesday, June 7 2000, 21:02, 5 Sivan 5760

"Initiatives launched in London to help 'agunot'
By Douglas Davis

"LONDON (June 7) - Two initiatives have been launched in London in a bid to overcome the problems facing agunot who are forbidden to remarry under Jewish law until they receive a bill of divorce from their estranged husbands.
...
... a legislative measure aimed at encouraging husbands to grant their wives a religious divorce was contained in bill introduced into the House of Lords last week.
The bill, sponsored by Lord Lester, seeks to empower judges to delay granting a civil divorce until religious divorce proceedings are completed."

Maryland Bill from 2000 session:

adding to
Article - Family Law
Section 7-104.1
Annotated Code of Maryland
(1999 Replacement Volume)

(A) A PARTY WHO FILES A COMPLAINT OR COUNTERCOMPLAINT FOR
ABSOLUTE DIVORCE OR ANNULMENT SHALL FILE, ON THE REQUEST OF THE OTHER PARTY, AN AFFIDAVIT STATING THAT THE AFFIANT HAS TAKEN ALL STEPS SOLELY WITHIN THE AFFIANT'S CONTROL TO REMOVE ALL RELIGIOUS BARRIERS TO REMARRIAGE BY THE OTHER PARTY.

(B) IF AN AFFIDAVIT IS REQUESTED UNDER THIS SECTION, THE COURT MAY
NOT ENTER A DECREE FOR AN ABSOLUTE DIVORCE OR ANNULMENT UNTIL THE
AFFIDAVIT IS FILED.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed retroactively and shall be applied to all proceedings for absolute divorce
and annulment filed or pending on or before the effective date of this Act.

Maryland Bill from 1999 session:

HOUSE BILL 430 adding to
Article - Family Law
Section 7-104.1
Annotated Code of Maryland
(1999 Replacement Volume)

7-104.1.

(A) (1) IN THIS SECTION, "BARRIER TO REMARRIAGE" MEANS ANY
RELIGIOUS OR CONSCIENTIOUS RESTRAINT OR INHIBITION THAT IS IMPOSED ON A PARTY TO A MARRIAGE, UNDER THE PRINCIPLES HELD BY THE OFFICIAL OF THE
RELIGIOUS BODY WHO PERFORMED THE MARRIAGE CEREMONY, BECAUSE OF THE
COMMISSION OR WITHHOLDING OF ANY VOLUNTARY ACT BY THE OTHER PARTY TO THE MARRIAGE.

(2) "BARRIER TO REMARRIAGE" DOES NOT INCLUDE ANY SITUATION IN
WHICH:

(I) A RESTRAINT OR INHIBITION AGAINST REMARRIAGE CANNOT
BE REMOVED BY THE OTHER PARTY'S VOLUNTARY ACT; OR

(II) THE PARTY IS REQUIRED TO INCUR EXPENSES IN CONNECTION
WITH THE REMOVAL OF THE RESTRAINT OR INHIBITION TO REMARRIAGE AND THE OTHER PARTY REFUSES TO PROVIDE REASONABLE REIMBURSEMENT FOR THOSE EXPENSES.

(B) THIS SECTION APPLIES ONLY TO AN APPLICATION FOR AN ABSOLUTE
DIVORCE OR ANNULMENT WITH RESPECT TO A MARRIAGE THAT WAS PERFORMED BY AN OFFICIAL OF A RELIGIOUS BODY AUTHORIZED BY THE RULES AND CUSTOMS OF THAT BODY TO PERFORM A MARRIAGE CEREMONY.

(C) (1) A PARTY TO A MARRIAGE WHO FILES AN APPLICATION FOR AN
ABSOLUTE DIVORCE OR ANNULMENT SHALL STATE IN THE APPLICATION THAT:

(I) TO THE BEST OF THE APPLICANT'S KNOWLEDGE, THE
APPLICANT HAS TAKEN, OR WILL TAKE PRIOR TO THE ENTRY OF A DECREE FOR THE ABSOLUTE DIVORCE OR ANNULMENT, ALL STEPS SOLELY WITHIN THE APPLICANT'S POWER TO REMOVE ALL BARRIERS TO REMARRIAGE BY THE OTHER PARTY TO THE MARRIAGE; OR

(II) THE PARTY AGAINST WHOM THE APPLICATION FOR DIVORCE
OR ANNULMENT HAS BEEN FILED HAS WAIVED IN WRITING THE REQUIREMENTS OF ITEM (I) OF THIS PARAGRAPH.

(2) SUBJECT TO THE PROVISIONS OF PARAGRAPH (5) OF THIS
SUBSECTION, IN EITHER A CONTESTED OR UNCONTESTED CASE, A DECREE FOR AN ABSOLUTE DIVORCE OR ANNULMENT MAY NOT BE ENTERED BY THE COURT UNLESS THE PARTY WHO FILED THE APPLICATION FOR THE DIVORCE OR ANNULMENT HAS FILED AND SERVED A SWORN STATEMENT THAT:

(I) TO THE BEST OF THAT PARTY'S KNOWLEDGE, THE PARTY HAS
TAKEN ALL STEPS SOLELY WITHIN THAT PARTY'S POWER TO REMOVE ALL BARRIERS TO REMARRIAGE BY THE OTHER PARTY TO THE MARRIAGE; OR

(II) THE OTHER PARTY TO THE MARRIAGE HAS WAIVED IN WRITING
THE REQUIREMENTS OF ITEM (I) OF THIS PARAGRAPH.

(3) IN AN ACTION FOR ABSOLUTE DIVORCE OR ANNULMENT IN WHICH
THE PARTY AGAINST WHOM THE APPLICATION HAS BEEN FILED DOES NOT CONTEST THE REQUESTED RELIEF, OR IF THE PARTY INDEPENDENTLY FILES A
COUNTERCLAIM FOR SIMILAR RELIEF, A DECREE OF DIVORCE OR ANNULMENT MAY NOT BE ENTERED UNLESS EACH PARTY HAS FILED AND SERVED THE SWORN
STATEMENT DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION.

(4) THE WRITTEN WAIVER DESCRIBED IN PARAGRAPHS (1)(II) AND (2)(II)
OF THIS SUBSECTION SHALL BE FILED WITH THE COURT PRIOR TO THE ENTRY OF A DECREE FOR AN ABSOLUTE DIVORCE OR ANNULMENT.

(5) THE COURT MAY NOT ISSUE A DECREE OF DIVORCE OR ANNULMENT
IF THE COURT DETERMINES THAT THE INDIVIDUAL WHO SUBMITTED THE SWORN STATEMENT UNDER PARAGRAPH (2) OF THIS SUBSECTION DID SO WITH KNOWLEDGE THAT THE STATEMENT WAS FALSE.

(D) ANY INDIVIDUAL WHO KNOWINGLY MAKES A FALSE SWORN STATEMENT
UNDER THIS SECTION SHALL BE SUBJECT TO THE PENALTY OF PERJURY.

(E) THIS SECTION MAY NOT BE CONSTRUED TO:

(1) REQUIRE ANY PARTY TO CONSULT WITH ANY OFFICIAL OF A
RELIGIOUS BODY AUTHORIZED BY LAW TO PERFORM A MARRIAGE CEREMONY TO
DETERMINE WHETHER THERE EXISTS ANY BARRIER TO REMARRIAGE;

(2) AUTHORIZE A COURT TO INQUIRE INTO OR DETERMINE ANY
ECCLESIASTICAL OR RELIGIOUS ISSUE;

(3) AUTHORIZE A COURT TO ORDER ANY PARTY TO REMOVE A BARRIER
TO REMARRIAGE;

(4) INHIBIT OR RESTRAIN AN INDIVIDUAL FROM PARTICIPATING IN
ECCLESIASTICAL TRIBUNAL PROCEEDINGS FOR A DECREE OF MATRIMONIAL
NULLITY OR MARITAL DISSOLUTION ACCORDING TO THE DULY ESTABLISHED
RELIGIOUS RULES AND CUSTOMS OF THAT RELIGIOUS BODY; OR

(5) INHIBIT OR RESTRAIN A RELIGIOUS BODY FROM ADHERING TO ITS
ECCLESIASTICAL RULES AND CUSTOMS GOVERNING MARRIAGE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed retroactively and shall be applied to all proceedings for absolute divorce
and annulment filed or pending on or before the effective date of this Act.

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