I've wondered in amazement why some orthodox Jewish husbands are stubbornly reluctant to grant their wives a religious divorce, a get. It could be a power struggle, a control issue or disbelief that the woman stood up to the guy in asking for her freedom.

Jason Moscovitz of Montreal refused a divorce for 15 years after the Canadian civil divorce. Without the get, a religious woman can't remarry in the Jewish faith.

The Canadian Supreme Court upheld the lower court award of $47,500 to Stephanie Burker, the wife, for violating a civil contract to grant her a religious divorce. Moscovitz is again challenging section 21 (1) of the divorce law, claiming it discriminates against his religion and also violates separation of church and state.

Experts agree that the Supreme court will not rehear the case, which was a 7/2 decision. It is clear to me that the penalty clause does not discriminate against his religion since it applies to all religions where spouses refuse a religious divorce. Here Moscovitz already granted the get after a 15 year delay. Perhaps he is wishfully thinking that he can inflict more harm.

Orthodox women, in my opinion, already suffer unequal treatment in securing a religious divorce. Only men can grant a get and a man may remarry after a civil divorce, even if the wife refuses to accept the get. But if women remarry without a religious divorce and have children, the children are viewed as illegitimate, and therefore cannot marry under Jewish law. These women who enter a new relationship and marry without a get, are considered as adultresses and cannot marry under the religious rules.

The issue becomes this — what is the role of the state in furthering change of religious practices which discriminate against women? I think the penalty imposed is the appropriate measure without dictating religious practice. Women should not be held captive or forced to place their lives on hold for years.

Click here for more.