International Agunah Day Conference draws locals to support ‘chained’ women

Esther Macner, a former prosecutor and trial attorney from New York, has spent years advocating on behalf of agunot — women whose husbands have failed to give them a get, a Jewish divorce document.  Now she’s on fire about getting the West Coast Jewish community to address the problem of get-refusal.  Without a get, women and men are not permitted to remarry according to Orthodox Jewish law.

Living in Los Angeles for just two years, Macner organized L.A.’s first-ever International Agunah Day Conference, Feb. 26, sponsored by B’nai David-Judea Congregation, along with other local synagogues and schools.  A panel of lawyers, a former agunah and the head of ORA (the Organization for the Resolution of Agunot), Rabbi Jeremy Stern, spoke about problems inherent within the Jewish divorce process and how withholding a get can become a method of extortion or abuse. 

Currently ORA has 70 open cases throughout the world in which women are trying to obtain gets from their husbands.  But actual numbers of get-refusal are much more, Macner warns.  Many women keep quiet about their struggles, or won’t admit to themselves that they are an agunah, she said.

Although Orthodox Jewish law requires both parties to have a say in the get process — men must give a get of their own free will and women must accept it willingly — women are more prone to get issues at the same general rates of domestic abuse, in which 85 percent of the victims are women and 15 percent are men, according to Stern. 

In addition, if a woman does not receive a get, any future relationship is considered an adulterous one by Jewish law, and children born of such a relationship have a uniquely undesirable status within the Jewish community. Men do not have this same issue with regard to future relationships, and they also have a loophole to dissolve the marriage by Jewish law if the woman refuses to accept the get.

The State of Israel currently only recognizes Orthodox marriages and divorces, making get-refusal an issue for all denominations, said Macner.

Among Macner’s goals are publicizing the use of a rabbinically endorsed prenuptial agreement, proposing legislation that will penalize get-refusal, and ongoing support and advocacy for agunot. 

Macner said that proposing legislation in California is tough because the California Constitution, when it comes to separation of church and state, “it’s a brick wall — even more than the federal government, and certainly more than New York.” 

She said that New York law currently requires each partner to remove all barriers to remarrying for the divorce to proceed but a similar law would be challenging to pass in California due to strict laws against interfering in religious matters. 

To learn more or to get involved with Macner’s work, visit

Big Brother Lurks in Higher Education Bill

In recent weeks, a number of major Jewish organizations — the American Jewish Committee, the American Jewish Congress (AJCongress) American Israel Public Affairs Committee and others — have announced their support for congressional passage of H.R. 3077, the International Studies in Higher Education Act of 2003, which would amend Title VI of the Higher Education Act of 1965 to enhance international education programs.

The purpose of the bill is to restore some semblance of ideological balance to Middle East studies centers on university campuses, and it is for this reason that many Jewish organizations support it.

Leaving aside the question of whether it is the government’s role to ensure ideological balance in academic settings, the bill unquestionably is a well-intentioned response to a serious problem. However, Section (6) of this proposal, which is now before the Senate, would establish an international higher education advisory board.

These government-appointed overseers not only would “monitor, apprise, and evaluate” academic programs but also would have the power to “assure that their relative authorized activities reflect diverse perspectives and the full range of views on world regions, foreign languages, and international affairs.”

In other words, the U.S. government would have the power to decide whose views are heard.

With all due respect to my elders and betters who support this legislation (with the proud exception of Alan Dershowitz, whose opposition rightly prevented the Jewish Council for Public Affairs from endorsing it), this proposal is wrong for America, wrong for academia, wrong for American Jewry and wrong for Judaism.

Section (6) is wrong for America. This proposal is Big Brother at its worst and runs counter to cherished principles of freedom of expression in open and public debates. The marketplace of ideas is the vital place where scholars and citizens — not the government — decide which views are considered mainstream options and which views are consigned to the margins of the extreme. Read the text of the bill carefully — it’s online at

Honoring the Righteous

When the atrocities of the Holocaust came to public light, many unsung heroes remained in the shadows.

In a ceremony at the United Nations on Monday, some rescued Holocaust survivors met their unknown heroes, or those heroes’ family members, for the first time since the war.

The international community honored government diplomats who risked their careers and lives to save thousands of Jews fleeing Nazi terror.

The meeting took place in a ceremony before the opening of a traveling exhibit to be on display at the United Nations.

“Visa for Life: The Righteous Diplomats” was created to honor the actions of more than 65 diplomats, representing more than 22 countries, who issued thousands of visas for Jews escaping Nazi terror.

The exhibit includes never-before-seen Holocaust-era photographs and tells the stories of diplomatic rescues.

Attending the ceremony were survivors who escaped to Japan thanks to visas issued by wartime Japanese Consul Chiune Sugihara. Stationed in Kovno, Lithuania, Sugihara issued thousands of visas during the summer of 1940.

“There’s a story” that Sugihara’s wife “rubbed his hands at night because they hurt from signing all of the visas,” said Meryl Fischoff, daughter of Ben Fischoff, who received a Sugihara visa.

Fischoff’s father was a student of the Mir Yeshiva in Poland and sailed to Japan on the “Boat of 72,” named for the 72 passengers who were denied permission to disembark in Japan. They were sent back to Russia but eventually sailed back to Japan and successfully disembarked. Fischoff was the only one of six children in his family to survive the war.

Sugihara “is a real Righteous Gentile,” Meryl Fischoff said. “He could have been killed as a traitor.”

“The visa was the difference between life and death, no question,” said Rabbi David Baron, project coordinator for the New York arm of the exhibit. Collectively, he said, these diplomats issued more than 200,000 visas throughout World War II to help Jews escape to friendlier territory, despite clear government prohibitions.

Dr. Sylvia Smoller’s family was also able to escape to Japan and then to America because of Sugihara.

“The Jews somehow knew Sugihara was issuing these visas,” she said of why her father traveled to the Japanese Consulate. She received visa number 459 out of 2,000, she said.

“Everything was sheer luck,” Smoller said.

Smoller created an essay contest in honor of her rescuer called, “Sugihara — Do the Right Thing,” where high school students submit essays on moral decisions they have had to make.

“I didn’t want to be a professional survivor,” Smoller said. “It’s important to do something to honor Sugihara and make this refugee and rescue experience a living thing.”

Other diplomats honored are less well-known than Sugihara, though their contributions are no less significant.

“People ask, ‘Why would a man from China save Jews in Austria?’

“If you knew my father, you wouldn’t have to ask,” said Manli Ho, daughter of Dr. Feng Shan Ho, Chinese consul general in Vienna from 1938-1939.

Ho issued innumerable visas to Jews escaping Austria after the 1938 Nazi takeover there. With his help, Jews were able to escape to Manchuria, Shanghai and elsewhere in China — and from there to Palestine and America.

Harry Fiedler was born in China after his father and almost 20 members of his extended family received visas from Ho.

“You didn’t need a document to get into China, but you needed one to get out of Austria,” Fiedler said. His father and cousin were arrested during the 1938 Kristallnacht pogrom after obtaining the necessary documents, but were released on the strength of Ho’s visas and subsequently sailed to China.

“My father was a man who believed it was natural to feel compassion and want to help,” said Ho, who said her father hardly ever spoke of his actions during his lifetime. Ho died in 1997 at the age of 96.

“You know how many words there are mentioning the rescue activities” in his memoirs, his daughter asked. “70. That’s three lines out of 700 pages.”

“There’s a Chinese saying,” said Ho, “that if you do something good and talk about it that much, it’s not so good.”

“It’s within the Jewish character to remember our friends,” said Rabbi Arthur Schneier, president and founder of the Appeal of Conscience Foundation. Schneier escaped because of a safety pass issued by Carl Lutz, consul for Switzerland in Budapest from 1942-1945.

“They were unsung heroes by their own government in a way that defied the silence of their government,” Schneier said. “I was given the opportunity to survive because of their humanitarian efforts.”

Lutz is credited with being the largest single issuer of visas during the Holocaust, according to Baron, saving more than 60,000 Jews by inventing the Schutzbrief, or protective letter, and by helping to establish 76 safe houses throughout Budapest.

The “Visas for Life” exhibition is a collaborative effort sponsored by international and national Jewish and Holocaust organizations.

As an outcropping of the exhibition, Baron said the History Channel has announced plans to create a program about these diplomats.

Besides showing gratitude, Baron hopes the exhibit serves another purpose. “It allows Christians to come and see that there were men and women who acted on their beliefs and value systems to rescue.

“We need to recognize goodness. We need to acknowledge acts of heroism,” Baron said. “We need these models in our society.”