Reply To: Giving Alcohol to Minors on Purim

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#1062879
volvie
Member

gavra:

1. That is New Jersey specific. NY and CA, as I pointed out, does not have that provision.

2. The DA is not going to bring a losing case in the first place, where the law clearly provided a religious exemption and there was parental consent. Additionally, the State (i.e. DA) cannot introduce theological or religious evidence, so that point is moot. The defense merely needs to establish a sincerely held religious belief. Many shitos provide that; the DA or Judge will not (and legally cannot) “pasken” or accept one shitta over another.

3. The religious exemption, both on the federal and state levels, are not limited to rites. Purim fully qualifies under it. (Ironically, note your own quote of the relevant NJ statue above states “shall not apply to… a religious observance, ceremony or rite.“) Purim, including the obligation to drink alcohol, is a religious observance.