RAN-DAV'S COUNTY KOSHER, INC. v. STATE


129 N.J. 141 (1992)

608 A.2d 1353

RAN-DAV'S COUNTY KOSHER, INC., A NEW JERSEY CORPORATION T/A COUNTY KOSHER; ARTHUR WEISMAN AND NADINE WEISMAN, INDIVIDUALLY AND AS OFFICERS AND SHAREHOLDERS OF RAN-DAV'S COUNTY KOSHER, INC.; AND NEW JERSEY ALLIANCE OF KOSHER CATERERS, PLAINTIFFS-APPELLANTS, v. STATE OF NEW JERSEY; PETER N. PERRETTI, JR.; JAMES J. BARRY, JR.; RABBI YAKOV M. DOMBROFF; ATTORNEY GENERAL'S ADVISORY COUNCIL ON KOSHER FOOD; MORRIS GLATT; DIANE LA MONACO; AND DOES 1-50, DEFENDANTS-RESPONDENTS, AND NATIONAL JEWISH COMMISSION ON LAW AND PUBLIC AFFAIRS, INTERVENOR-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 22, 1992.


Attorney(s) appearing for the Case

Eric L. Chase argued the cause for appellants (Hannoch Weisman, attorneys; Eric L. Chase, Genevieve K. LaRobardier, and Barbara E. Turen, on the briefs).

Andrea M. Silkowitz, Assistant Attorney General, argued the cause for respondents (Douglas S. Eakeley, Acting Attorney General of New Jersey, attorney; John T. Ambrosio and Nancy Costello Miller, Deputy Attorneys General, on the brief).

Nathan Lewin, a member of the District of Columbia bar, argued the cause for intervenor-respondent (Greenberg & Epstein, attorneys; Edward J. Dauber and Ina B. Lewisohn, on the briefs).

Ronald K. Chen argued the cause for amicus curiae American Civil Liberties Union of New Jersey.

Bruce D. Shoulson argued the cause for amici curiae The New Jersey Association of Reform Rabbis, The Reconstructionist Rabbinical Association, The New Jersey Region of the Rabbinical Assembly, The Rabbinical Council of New Jersey (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys).

Meyer L. Rosenthal submitted a brief on behalf of amicus curiae The Anti-Defamation League of B'nai B'rith.

Robert Abrams, Attorney General of the State of New York, submitted a brief amicus curiae, pro se.

Albert Burstein submitted a brief on behalf of amicus curiae American Jewish Congress (Herten, Burstein, Sheridan & Cevasco, attorneys).


The opinion of the Court was delivered by HANDLER, J.

In this appeal the Court is confronted with State consumer protection regulations that incorporate a complex body of religious doctrine and contemplate the assistance by clergy or religious experts in the interpretation and enforcement of that doctrine. Those regulations are challenged under the Religion Clauses of the federal and state constitutions that define and govern...

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