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Doubt Arises As to Who May Perform Jewish Marriage Rites in Massachusetts

February 5, 1928
See Original Daily Bulletin From This Date
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Cantors vs. Rabbis Dispute Interpretation of Commonwealth’s Law (Jewish Daily Bulletin)

A controversy has developed here as to who is entitled to perform marriage ceremonies, in connection with regulations issued by the Boston city authorities in cooperation with the state department of vital statistics.

The regulation of Assistant Registrar Joseph A. Cahlan whereby certain cantors were refused authorization to perform marriage ceremonies, called forth the protest of the Cantor’s Association. The Association has retained counsel to fight the issue.

A special conference to determine the status of those who are entitled to perform marriage ceremonies and to bring more clarity on the definition of the statute covering the subject under the laws of Massachusetts was called by a number of leading congregations affiliated with the Association of Congregations of Boston. The matter is of particular interest since the interpretation given to the Massachusetts statute by the department of vital statistics might call into question the legality of marriages performed in the past Rabbi Harry Levi of the leading Reform temple, Rabbi Louis H. Epstein. Rabbi H. H. Rubenovitz, Bernard W. Marcus and Moses Mishel, president of the Association of Congregations, participated in the discussions.

The law here provides: “A marriage may be solemnized in any place within the Commonwealth by a minister of the gospel, ordained according to the usage of his denomination who resides in the Commonwealth and continues to perform the functions of his office; by a rabbi of the Israelitish faith, duly licensed by a congregation of said faith established in the Commonwealth, who has filed with the clerk or registrar of the town where he resides a certificate of the establishment of the synagogue, the date of his appointment thereto and of the term of his engagement.”

Mr. Cahlan called a meeting at the City Hall of those interested in this problem but adjourned the conference after an agreement was reached that a special committee should be formed to make a survey of the existing conditions and submit recommendations to the department of vital statistics.

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