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Federal Court upholds Iowa ruling on Menorah display By Andrew Silow Carroll NEW YORK (JTA) The state of Iowa did not diacriminate against the Lubavitch movement in 1986 when it refused to allow the organization to leave a Chanukah menorah standing on the grounds of the state Capitol overnight, a federal court ruled Monday. The U.S. Court of Appeals for the Eighth Circuit affirmed a lower court ruling allowing the state to ask Lubavitch to take down its 20foot candelabrum each evening after a public cand-
lelighting event on the Capitol grounds in Des Moines. Chief Justice Donald Lay said there was no evidence that the state had allowed any other reUgious symbols to remain on state grounds overnight. "We find Lubavitch's claim borders on the frivolous," Lay wrote in a four-page ruling. But the court acknowledged that it did not rule on the free speech or constitutional questions raised in this and other cases involving the display of religious symbols
When Iowa first moved to revoke permission for the menorah, it was acting on the state attorney general's advice that the display of unattended religious symbols on state Capitol grounds might violate the Establishment Clause of the First Amendment. The clause prohibits government establishment of religion. Lay's ruling only upheld a state ordinance calling for a "thorough clean-up" after an event on Capitol grounds is concluded.
Paul Zoss, attorney for Lubavitch of Iowa, said the state at first objected to the menorah as a violation of church-state separation, later changing course to invoke the "overnight" restrictions. "Restrictions on speech should be content neutral,'' he said. "These restrictions are the result of the fact that it was a religious event." "Naturally we're very disappointed in the court's decision," said Rabbi Moishe Kasowitz, director
of Lubavitch of Iowa. "And we're a bit offended by the court's implication that we were bringing a frivolous suit. The lower courts did not seem to find it frivolous." A number of Jewish groups lined up against the Lubavitch position in a friend-of-the-court brief written by the American Jewish Congress. Marc Stern, co-director of the AJCongress Commission on Law and Social Action, said that by only prohibiting overnight displays,
the Iowa ordinance did not infringe upon a group's right to speak or bold a religious ceremony of limited duration. He said other municipalities have begun to draft similar "overnight" ordinances in order to circumvent the church-state issues raised by seasonal menorah and nativity scene displays. Stem acknowledged, however, that some groups, including the American Civil Liberties Union, object to (Continued on Page 5)
t^ Conned of Jewish Federatkms Award Winning Newspaper
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J^ SERVING NEBRASKA AND IOWA SINCE 1920 IL^ Vol. LXVI No. 38 Omaha, N«br.
7 lyar, 5749 Friday, May 12, 1989
Bond sales soar
Diplomat warns Arabs on unrest |.
By Morris Maline An Israeli diplomat said here Sunday night that continuing violence will cause more pain in that Israel will not surrender to the Intifada in the territories. "It's ballots or bullets," Yosef N. Lamdan. ministercounselor at the Israeli Embassy in Washington, told about 250 attending the Israel Bond dinner honoring Ike Friedman at Peony Park. The dinner raised $1,814,000 in bond sales, the second hi/;hest amount since 1975. Jerard Seligson, of Israel Bonds, told the Jewish Press that $1.9 million was raised in 1978. "We are very gratified with the outpouring of commitments to buy Israel Bonds and the fact that so many of Mr. Friedman's out-of-town customers and suppliers responded is a splendid tribute to the honoree," Mr. Seligson added. Dr. Lamdan said that American Jews tend to take Israel for granted and are "preoccupied with a bad press" and loaa perspectivs over what actually has been accomplishad by the Stat« in its 41 years. "W» shouM pause and reflect, imagiiM a workl with-
Yom Ha'Atzmaut
PartkipatiBg in the Israel Bond dinner Sunday night at Peony Park include, from left, guest speaker Dr. Yosef N. Lamdan, Mr. and Mrs. Ike Friedman, Louis Blumkin. Congrrasmsn Peter Hoagland and Mayor Walt Calinger. out a Jewish State and speculate as to where hundreds of thousands of Jews would have gone." He said that "on balance " the record of Israel is "impressive and positive" and that the country is "Ught years" ahead from her beginning in 1948. Dr. Lamdan said Prime Mimster's proposals for paaca focus on the foUowing k«y alanwnts' * HM Camp David partnsrs' taaffirination of their coninitiBMit to the Accords andpa«M. * Nsgbtiations and
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^LONDON (JTA) Several msmbers of Parliamant have denuodsd that the British govanunant explain why it rsjectai^u Israeli request to'purclpse gas masks to protect its civiliu ptpaktwn from the thraat ot chamical warfare. Th* iiMiiibars, not all of tham supportars of Israel, were inc^naad by a report that ths gas masks Israel wantad ware child-size. Th«y diiectad thair qiiastioos to tlM Foreign Office
Blumkin Home addition groundbreai(ing ceremony 10:30 a.m.—Music by Tuffy Epstein's band and Cantor Emil Berkovits. JCC theater. 11 a.m.—U.S. Senator Bob Kerrey will speak; groundbreaking ceremony and reception will follow.
Britain won't sell gas masks to Israel
^mtmlim Jtwigk ChnmUte
Sunday Schedule
and the Department of TVade and Industry. According to reports, aa informal request by the Israeli DefaoM Ministry was rebuffed because the equipment is among tha items banned under the arms embargo Britain impmjed when IsrMt invaded Lebanon in 1982. A Foreign Office source tokl the Jewish Chroakle, "It was made clear that, in the preaaot chmate, Britain would tefeiae to exfwrt to Israel any eqiu|NgcMnt related to chamiral warfare."
cooperation with the Arab countries. * A multinational effort to solve the Arab refugee problem. * Free democratic elections in Judea-Samaria and the Gaza District as a stepping-stooe to peace. Dr. Lamdan said the United States supports Shamir's proposals, but that the PLO doe* not. He sakl the PLO views ths sstabliahmant of a ministata of Palaatina u only tha first stag« in its goal of eliminating Israel and that
the PLO is doing everything in its power to stop Palestinians from expressing themselves freely. Mr. Friedman, the premier recipient of the Tenth Anniversary of IsraelEgypt Treaty of Peace Commemorative Award, was presented with a plaque by his cousin, Louis Blumkin. In his remarks, Mr. Friedman thanked his parents, Louis and Rebecca, for "catching the boat" and emigrating to the United (Cgatinued on Page 7)
Grants Committee awards 5 grants The Esther K. Newman/Carolyn KuUy Newman Grants Coounittee has awarded some funding to four new programs. ' Programs are as foUows: Small Wonder Puppet Theater, sponsored by Chabod of Nebraska, a husband and wife team of puppeteers who prsesnt shows on Jewish themes, perfor mances in September... Leadenhip training and deveiopmiit project, sponsored by Temple Israel youth group, a year-loag program for high school members, indudM an out-
door eiperienfe, a series of workshope and a Shabbaton, from September to June, 1990... Jan Silverman wiminar sponsored by Child Care service and Barty ChiUhoed Department, JCC^ seminar designed to preeent ideas to teachers and aidw on the subj^t, "What is God?," Oct. 29-30... Starlab, spoaaored by Camp Chaverim and the YoutD Committee of the JCC, a pcrtabis'pianatariiutt for use doriag ths oweraight programa at all iour seesiooaolCampChavarim...
12;30 p.m.—Opening ceremony with the Consul General of Israel in Chicago, Uri Bar-Ner, Senator Bob Kerrey, the JWV color guard, and the JCC Kolot choir. 1 p.m.—Lunch on "the boardwalk," mini golf, sand painting, tye-dye/splatter paint T-shirt making, Olympic kayak demonstration. 1:30 p.m.—Israel at 41, an address by Uri Bar-Ner, trek ride through Israel, block party games, Kadimah demonstration and games, coed adult volleyball, cooking demonstrations. 2 p.m.—Israeli bingo. 2:15 p.m.—Swimming pool games (bring your suit), cake cutting ceremony. 2:30 p.m.—"Has Israel Altered its Vision?." a discussion with Dr. Yosef Goell, Gaga, sandcasting (sculpture). 2:45 p.m.—Water polo game (bring your suit). 3:30 p.m.—Community linging 7:30 p.m.—Concert of "Songs in Bhie and White " with Sandra Johnson-Ben Dor. Tickets at $€ for adults and $4 for students and seniors will be available at the door.
New human rights law potentially splitting By David Friedman WASHINGTON (JTA) A proposed Israeli law guaranteeing human rights has as much potential as the "Who Is a Jew" ameodment to spUt American and Diaapora Jewry broAi I vaaL the head of the Reform movement's rabbinical seminary warned The reason is that "while in principle it containa proviaioos for the tree expression of religion, it de fscto separatee out from that the areas 6f marriage and divorce." Dr. Alfred Gottschalk. pcesidant of Hebrew Union CoUegeJewish Institute of Reliirion said here "Auiaoricy ax caose aey areas is maintained by the Orthodoix religious courts." he told reporten at a Natiooal Prats Chib h(Mkf4at
meeting. He was referring to the fact that .weddings and divorces performed in Israel by Reform and Conservative rabbis are not recognized by the government as valid. The new law is seen as a step toward a written constitution for Israel, and its provisions are expected to be included in the constitutioa It provides for a special constitutional court that would rule on whether propoead lemalatioii violates the proviairans of the human righialaw. Gottschalk said (hat while some members of the iKneseet would Uke to see marnage and divorce inchukd in the law, they appeer to be wiUing to go aloog with tha ewhisiwi to prevent oppoeition by the Ceaitl—ed s* Page 2)