A Nadler Bill Would Legalize Mezuzahs

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Under legislation just introduced in Congress, residents of condominiums and co-ops would be guaranteed the right to post religious displays, such as the mezuzahs installed by observant Jews, outside apartment doors.

The bill, formally proposed on Wednesday by Rep. Jerrold Nadler of New York, would effectively overturn a federal appeals court’s ruling in July that a condominium board in Chicago had the right to remove mezuzahs that a building resident repeatedly posted.

“This legislation is a straightforward attempt to clarify the Fair Housing Act and prevent co-op and condo associations and landlords from interfering with residents’ free exercise of religion,” Mr. Nadler, a Democrat, said in a statement e-mailed to The New York Sun. “If not creating a public nuisance, residents should clearly be allowed to affix crosses, mezuzahs, or other religious symbols to their doors, no matter where they live.”

A spokesman for the Orthodox Union, Nathan Diament, said the federal bill was a response to requests his and other Jewish groups made for relief.

“We are encouraged that these members of Congress, and other friends of religious freedom, have responded so rapidly to our request to correct the court decision,” Mr. Diament said in a statement.

The bill is being co-sponsored by two Republicans, Trent Franks of Arizona and Lamar Smith of Texas, and one Democrat, Robert Wexler for Florida.

The ruling from the 7th Circuit Court of Appeals is not binding in New York, but legal experts said there is no clear right to similar religious displays under state law. Last year, a woman in Florida complained about a ban on mezuzahs at her condominium complex. A state human rights board said the ban there was illegal.


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