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First Liberty Briefing

First Liberty Briefing is an exclusive podcast hosted by First Liberty Institute’s Senior Counsel Jeremy Dys. In about 90-seconds, three times a week, Jeremy recalls the stories that have shaped America’s religious liberty, from the founding era to current legal battles and more. It’s an insider’s look at the stories, cases, people, and laws that have made America the world’s leader in protecting religious liberty.
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Apr 16, 2018

Orthodox Jewish residents asked their city for permission to attach small black strips or “lechis”, to set boundaries for their religious practice of the Sabbath but the city denied their request. Learn how this case affects the free exercise of religion in America by visiting FirstLiberty.org/Briefing.


Jewish members of the Orthodox faith cannot push or carry objects outside their home during the Sabbath.  However, for two millennia throughout the entire world, their religious tradition has expanded their home area with the creation of an eruv.  But, not in New Jersey.

In the Borough of Tenafly, Orthodox residents asked the city for permission to attach small black strips, called lechis, to the telephone poles in order to set the eruv boundaries.  These strips are nearly identical to ordinary ground wires and certainly less noticeable from the holiday displays, signs pointing out directions to local churches, or even house numbers the city permitted on the poles on a case-by-case basis.

But, the city would not allow the eruvs.  As a result, the Orthodox community was homebound. Mothers couldn’t push their babies in strollers to the synagogue.  They couldn’t even carry their prayer books to the synagogue.  Without court intervention, the city’s action would effectively prevent the Orthodox community from practicing their faith entirely.

Thankfully, the United States Court of Appeals for the Third Circuit realized this grave First Amendment violation.  It concluded that the “government cannot discriminate between religiously motivated conduct and comparable secularly motivated conduct in a manner that devalues religious reasons for acting.”

Singling out the religious conduct of one group not only prevents the free exercise of that faith group; it damages everyone’s religious liberty.

To learn how First Liberty is protecting religious liberty for all Americans, visit FirstLiberty.org.

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