Westhampton Beach - A religious controversy which has embroiled the East End over the past three years, splashed onto the national spotlight earlier this week, after "The Daily Show" with
Jon Stewart broadcast a satirical sketch mocking the controversy between orthodox and non-orthodox Jews in Westhampton Beach.
The issue began in 2008, when Rabbi
Marc Schneier formally proposed that an eruv be erected in the Village of Westhampton Beach. The Rabbi withdrew his proposal in response to the outrage of his constituents, and a battle has ensued between those who are pro-eruv and those who are anti-eruv ever since.
An eruv is a nearly invisible line, which encloses an area in order to allow Orthodox Jews to carry items and push things that are not otherwise allowed on the Sabbath. Jewish law prevents the pushing of a stroller, carrying of keys, identification, loose medicines and other common items.
In November 2010, the East End Eruv Association requested permission from both LIPA and Verizon to erect lechis (Strip used to represent a doorpost, often made of a black strip) on their poles to create an eruv boundary. Both companies approved the request, however the municipalities of the Town of Southampton, and Villages of Quogue and Westhampton Beach argued that the poles are within their right of way and ordered that the EEEA obtain permits to install the lechis. The EEEA would like the eruv to be 11.8 square miles in size, and encompass the Town of Southampton, and parts of the Villages of Quogue and Westhampton Beach
On January 13, 2011, the EEEA filed a lawsuit in New York State Federal Court against the Mayors of both Westhampton Beach and Quogue, Supervisor
Anna Throne-Holst, and the trustees and councilpersons of Westhampton Beach, Southampton and Quogue. The case is being presided over by Judge
Leonard Wexler in Central Islip Federal Court. The EEEA is being represented pro bono by attorney
Robert G. Sugarman of Weil, Gotshal and Manges.
Verizon and LIPA have also filed a joint suit against the Town of Southampton and Villages of Westhampton Beach and Quogue in order to seek clarification in regards to the municipalities' claim that the poles are "within their right of way."
The EEEA has argued that the municipalities of Westhampton Beach, Southampton and Quogue in have violated their constitutional and civil rights by not granting them permission to erect the eruv.
Many citizens are crying foul however, at the EEEA's constitutional violation claims, and are instead arguing that requesting the government to amend a religious law violates one of the founding principles of this country: the separation of church and state. The religion clause in the First Amendment of the Constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." The former part of this clause is known as the Establishment Clause, the latter is known as the Free Exercise Clause. Oftentimes, the two clauses come in conflict with one another, even though they are meant to secure religious autonomy. Such is the case in the controversy over the proposed eruv in Westhampton Beach.
For more information about the history of this issue, visit these links for past reporting by Hamptons.com:
www.hamptons.com/News/Main-Articles/5132/Anticipating-Eruv-Application-Two-Westhampton.html
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www.hamptons.com/News/Main-Articles/4814/Westhamptons-Anti-Eruv-Group-Claims-85-Percent.html
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www.hamptons.com/News/Main-Articles/6809/Eruv-Controversy-Returns-As-Speculation-Rises.html
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www.hamptons.com/News/Main-Articles/5443/Constitutionality-Of-Proposed-Eruv-Pits.html.
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