Justices rule that rabbi’s lawsuit can be heard in court

Wednesday, Jan. 4, 2006 | 8:01 a.m.

CARSON CITY -- The Nevada Supreme Court ruled last week that a state court can hear and decide a contract suit between a former rabbi and a Jewish congregation without violating the separation of church and state.

The Temple Emanu-El in Reno had maintained the court system "may not review solely religious decisions pertaining to the internal congregation administration."

Rabbi Michael Bovit was hired in August 2003 and fired in March 2005 after allegations that he was "involved in inappropriate activities with the wife" of a member of the congregation.

The rabbi maintained the contract required severance pay of four months salary, four weeks of unused vacation pay and a stipend of $2,500 for two years. He sued the temple in District Court in Reno.

The temple then sought a writ of prohibition, maintaining the courts did not have jurisdiction over religious matters.

District Judge Brent Adams rejected the claim, and the congregation appealed to the state Supreme Court.

The Supreme Court said the real issue was the terms of the contract.

"Resolving this issue requires the District Court to interpret a contract, not theological issues or moral principles," the court said in a ruling released Tuesday.

It said Adams can resolve these claims "without impermissibly entangling the District Court in religion."

But the Supreme Court said if the judge finds himself "entangled in questions of petitioner's (the temple) religious doctrines and theology, it can dismiss the action." And either party can then appeal, the court said.

The court rejected the argument of the temple that the courts have "no jurisdiction to intervene in or review Temple Emanu-El's ecclesiastical decision to terminate Rabbi Bovit."

Bovit called the arguments by the temple a "red herring." He said he was not questioning the reason for termination but only that the temple should live up to the contract. He said he has been the "object of scorn and derision."

The congregation said if the court rules in favor of Bovit, it may bring a counterclaim that the rabbi breached his contract in such things as "providing religious and pastoral guidance for the synagogue and its religious school."

Cy Ryan may be reached at (775) 687-5032 or at cy@lasvegassun.com.