There is nothing surprising in the decision of a Federal
Judge in New York that the American law's safeguarding of the
kashrus of products violates the American constitution.
Had such a decision been made by an Israeli court, it would
have drawn much attention, and surely would not have been
surprising or startling.
From the point of view of the legal attitude toward the needs
of the religious community, the State of Israel could long
ago have been declared "a light to the nations." The State of
Israel has a law that forbids deceit in kashrus. The law
calls for heavy punishments for kashrus frauds. But does
anyone remember when the law was enforced?
It is clear to all that we are not referring to any sort of
coercion. It is clear to every intelligent person that if a
food manufacturer advertises his product as gluten-free, and
edible also for sufferers of celiac, woe to him if he is
discovered to have fooled his customers. Such behavior is
also plain and ordinary business commercial chicanery, like
every other sort of chicanery. In addition it's hazardous,
since the health of celiac patients is at stake.
But when the issue is one of kashrus, no sanctions are
leveled against frauds. Every now and then we encounter
notices of kashrus certifiers who say that a certain company
fraudulently used their seal. Such notices also promise to
take legal measures against these frauds. But it is difficult
to recall when such legal measures were actually taken.
In addition, the existence of the law does not ensure that it
will be enforced. The police can always evade taking measures
against the felons, claiming that the issue lacks public
interest.
In America, the attitude toward civil rights is far more
serious. Therefore, the law forbidding kashrus fraud is
strongly enforced. That is what brought Judge Nina Gershon to
rule that the law violates the American constitution, which
mandates separation between religion and state.
Common sense dictates that there is no contradiction between
fraud and the American constitution. But apparently the lack
of common sense isn't exclusive to Israeli judges.
Whoever wants to glimpse the dangers which lurk behind a
constitution, can learn a lesson from the American Court.
Every law, national or local, can be invalidated by a judge
who decides that the law violates the constitution.
The judge's intelligence and qualifications for making such a
decision don't count here, because it is the judge himself
who has authority to decide if the law is valid or not.
The highest judicial systems in the United States will be
called upon to deal with the decision of the judge, and it is
hoped that they won't search for references from the courts
of the Jewish State.
