Although we can finally say that there is “marriage equality” in New York with the recent passing of the Marriage Equality Act, there is at least one class of New Yorkers who have yet to enjoy “divorce equality.” Specifically, there are a substantial number of New Yorkers who, though able to obtain a civil divorce from their spouse, are unable to obtain a religious divorce. This predicament effectively leaves these unfortunate individualsat least according to their own traditionsmarried indefinitely.
This issue is prevalent and perhaps most-commonly associated with the plight of the Orthodox Jewish woman whose husband refuses to provide her with a Jewish divorce, otherwise known as a Get. Under Jewish law, a Get terminates the Jewish marriage and certifies that the couple is now free to remarry. For a Jewish couple to become divorced under Jewish law, the man must give the woman a Get. A Jewish woman who is unable to obtain a Get becomes an “agunah” or a “chained woman” within the Jewish faith. As an agunah, she is not permitted to remarry or date. Similarly, if a Muslim woman or member of the Catholic Church does not obtain a religious divorce from their husband, they too will be unable to remarry according to their traditions.
