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Arranged/forced marriage in the U.S.
Al Jazeera today featured the story of Unchained’s founder, who fled an arranged marriage her family had arranged from her when she was a teenager, and now helps other women un-arrange their marriages and re-arrange their lives.
Here’s the story:
This is part two of a four-part series.
Fraidy Reiss had been married only a week when she realized she was trapped in a nightmare. That morning, her husband flew into a rage after waking up late and punched his fist through a wall of Sheetrock in their apartment. He was twice her size. She was 19.
And she wondered, “If he could do that to the wall, what could he do to me?”
Nearly two decades later, Reiss recounted her experience for a recent World Policy Institute salonon forced marriage in the United States. Now 37, Reiss told the participants: “I was in fear of my life.”
Reiss grew up in an Orthodox Jewish community in Brooklyn and her marriage was arranged by a matchmaker, as is the custom, while she was still a teenager. Birth control is forbidden in the Orthodox world, so she soon had two daughters. Although the marriage was not technically forced, Reiss said she felt under intense societal and familial pressure to enter into it. Soon after the wall-punching incident, when her husband began threatening her and she reached out to the community for support, the same pressures were doubled up to stop her from leaving.
“There was no help, no understanding of domestic violence and no encouragement to get out,” she said. “My daughters and I were on our own.”
The violence got worse until eventually she could take it no more and, in a gesture of defiance toward the religious community that had failed her, she bundled her two daughters into a car and drove away on the Sabbath.
The intense and lonely struggle that followed to get a divorce and custody of her children prompted her to found Unchained at Last, a group dedicated to helping other women un-arrange their marriages and rearrange their lives.
It’s not entirely clear how prevalent arranged marriages are in the United States or how frequently marriages that are arranged cross the line into being forced. A 2011 survey conducted by theTahirih Justice Center (TJC), a Virginia-based advocacy group, identified nearly 3,000 cases of forced marriage in the previous two years among immigrant communities from 56 different countries.
Unlike in the United Kingdom, however, which passed the Forced Marriage Act in 2008, the United States has no corresponding law to protect women. Advocates say that excessive cultural sensitivity plays an enabling role as well. “With respect to forced marriage in the U.S. today, we’re back where we were with domestic violence 30 years ago,” said Jeanne Smoot, the TJC’s director of public policy, “just as the problem was hidden from view because it was considered a private family matter, forced marriage hides behind a cultural and religious curtain.”
Many of the nearly 70 clients that Unchained is serving in New York and New Jersey are from Muslim and Hindu backgrounds, and the majority are from the Orthodox Jewish community that Reiss had to flee. (“When Orthodox women complain to rabbis about their marriages, they warn them about me,” she said, laughing. “The next day they are on the phone!”)
While the women’s backgrounds vary, they share many traits. They usually were married as teenagers, have had little access to education, have not been allowed to work and are at the mercy of their communities and the husbands who were set up to dominate them. Most are victims of domestic violence.
“I had no idea how things were going to turn out, no idea how to navigate the legal system, no idea how to survive,” said one of Unchained’s clients, Sarah Altman (a pseudonym), recalling the terror of having to flee to a domestic-violence shelter with her children and less than $20 in her pocket. Her biggest concern, after having been shunned by her family and community, was losing custody of her children.
Marc Lieberstein, a New York-based attorney who offers his services pro bono to Unchained’s clients, said custody can be an especially tricky issue for women leaving arranged marriages. “The courts have to consider what’s in the best interest of the child,” he said, “in a case where a mother has to leave a community or a religion, a judge may decide it’s better for the child to stay with the extended family.”
Altman is still waiting for her divorce and custody arrangement to be finalized, partly because of complications of religious law. Under Orthodox Jewish law, a woman cannot commence a divorce action, and even if she manages to obtain a divorce in a civil court, it has to be approved by theBeth Din, a rabbinical court system. Her husband then has to sign a get, a religious decree, before the divorce it is recognized by her community and family, and they are not always willing to do so.
In some cases, religious law can work in a woman’s favor. Arranged marriages are commonplace in Muslim communities, but it is strictly forbidden in Islam to force a woman into marriage.
“Before a woman gets married, the imam has to take her aside and ask if she is being forced,” said Shehnaz Abdeljaber, a Palestinian-American who is president of the board at Unchained. Abdeljaber’s family arranged a marriage to her cousin when she was just 18. When she told her father that if she went through with the marriage, it would be forced, he relented, and she was allowed to break off the engagement.
Not all families in Muslim and other communities are as considerate, however, and many girls who resist marriages are subject to violence and even death threats. Almost half the respondents to theTJC survey reported that forced-marriage victims had been subjected to physical violence, and 13 respondents reported murder attempts.
Unchained is advocating for new laws to protect women from being coerced into marriages, as well as for changes to existing laws such as those surrounding minimum marriage age, and to religious laws that are sometimes enforceable in civil court. In many states, girls as young as 16 can be married, as long as there is parental or judicial consent, and in three states — California, Delaware and Mississippi — there is no minimum age limit whatsoever. Unchained has introduced its first legislative proposal to the New Jersey Legislature to make it easier for domestic-violence victims to get a final restraining order against their abusers. In the meantime, building a community to replace the one the women have lost is a priority.
“When I left my marriage, my family sat shiva for me,” Reiss said, referring to the Jewish mourning ritual after a person has died. “I know how painful it is to lose everyone you know and love.”
But, she added, there is no turning back.
Al Jazeera published a piece titled “Forced marriage is alive and well in the US,” the first of a four-part series. It was a “look at how cultural misunderstanding and lack of legislation leave forced-marriage victims in shadows.” The piece included a look at Unchained At Last and its founder/executive director.
Here’s the piece:
Vidya Sri was a typical American teenager in the Queens borough of New York. She went to school, hung out with her friends and took dance classes. But all that changed when she was 18 and started dating her first real boyfriend, a sweet Irish Catholic boy.
That was in 1987. Alarmed that Sri was dating someone who wasn’t Indian, her father shipped her off to India to live with relatives. Nearly every day for four years, she was pressured to get married. It became a condition of her return to the United States. Finally, she gave in and married a man she did not know.
“I was introduced to him, and a week later we were married,” said Sri, now 44 and divorced.
The marriage was recognized by the U.S., and the couple moved to New York. But Sri didn’t love her husband, wasn’t attracted to him and said she felt as if they came from “two different planets.” Despite not wanting to consummate the marriage, Sri gave in to family pressure and had two children with her husband.
Sri was a victim of forced marriage, a practice in which women — and sometimes men — are forced to marry against their will. The Tahirih Justice Center, a national nonprofit organization that helps immigrant women and girls who have been abused, determined that there were as many as 3,000 confirmed or suspected cases of forced marriage in the U.S. from 2009 to 2011.
That the numbers aren’t clear is part of the problem.
“We hide. We hide very carefully,” said Sri, who now works at her own organization to help prevent forced marriages like hers. “This whole thing is so humiliating. It’s so shaming, all you really want to do is drop dead.”
The AHA Foundation, an advocacy organization founded by vocal women’s rights defender Ayaan Hirsi Ali, who escaped her own forced marriage in 1992, funded a recent survey of immigrant populations in New York conducted by researchers at the John Jay College of Criminal Justice in Manhattan. The results show that the issue of forced marriage is very much alive and probably underdocumented.
“Forced marriage is only one variant of the honor violence that happens in these communities,” said Ric Curtis, a professor of anthropology at John Jay, who led the survey.
While forced marriage may sound like the concept of arranged marriage — with parents playing matchmaker for their children — the element of coercion when a marriage is forced often leaves women feeling “like slaves,” according to Tanya McLeod, senior campaign organizer at the Voices of Women Organizing Project (VOW), an organization dedicating to providing help and resources to victims of domestic violence in New York.
Sri, who was forced to marry in India, now runs GangaShakti, a New Jersey–based nonprofit organization dedicated to helping victims of forced marriage find resources. She said the fact that the issue is often conflated with arranged marriage is a problem when protecting victims like her.
“They say forced marriage doesn’t happen (in the U.S.). You really mean arranged marriage,” she said. “But in my case, this was not an arranged marriage. There was violence. There was coercion. There was fraud.”
While Sri was not a victim of physical violence, she said that the “mental torture” from her father drove her to attempt suicide.
She is also a fellow at the Carr Center for Human Rights Policy at Harvard’s John F. Kennedy School of Government. Her work aims to raise awareness about forced marriage all over the world. She recently published a paper in which she outlines the dearth of resources for forced-marriage victims in the U.S.
In June 2012 the United Kingdom announced it would criminalize forced marriage, following the lead of Norway, Denmark, Austria, Germany, Belgium, Cyprus and Malta. In 2012 alone, the U.K. Forced Marriage Unit noted 1,485 casesrelated to possible forced marriage.
Curtis said that current research only scratches the surface of a problem he suspects is more widespread but largely hidden from public view.
His team interviewed 100 students at several City University of New York campuses, focusing on Middle Eastern, North African and Southeast Asian (MENASA) countries to try to determine how widespread forced marriage really is.
According to the AHA Foundation’s 2013 annual report, of the people surveyed by John Jay, 88 claimed that they knew at least one person who did not want to get married but did. Of those, 31 said they knew three or more people forced into marriage.
“All that we are seeing is the ugly tip of the iceberg, but how much more is there?” Curtis said.
In 2013 the AHA Foundation helped 54 victims of forced marriage and honor violence, a 54 percent increase from the previous year. Through interim direct services, the foundation refers women seeking help to local social services, legal specialists and law-enforcement officers in their area who can offer protection.
Ric Curtis, John Jay College of Criminal Justice
Fraidy Reiss grew up in Brooklyn’s ultra-Orthodox Jewish community and at 19 was married to a man after only a few brief interactions over three months.
“There is intense pressure not to reach the age 20 and still be single,” Reiss said. “Because that’s a death sentence. You don’t want to be the old maid at age 20.”
After she escaped her forced marriage, Reiss started Unchained at Last, an organization dedicated to helping victims of forced marriage escape. During her marriage, she faced death threats from her husband and eventually had to get a restraining order to protect herself and her two daughters.
Currently her organization, which she founded two years ago, is helping 70 women from communities ranging from traditional Jewish to MENASA in the New York–New Jersey area.
For Curtis, the fact that forced marriage falls outside the scope of New York and federal laws makes the issue hard to define and prosecute.
Among U.S. jurisdictions, only nine — California, the District of Columbia, Maryland, Minnesota, Mississippi, Nevada, Oklahoma, the Virgin Islands and Virginia — have legislation that could encompass forced marriage, according to the Global Justice Initiative. New York has no forced-marriage law on the books. There is no federal law protecting victims.
“Here if you go to the police with a marital problem, the first thing they are going to do is arrest your husband,” Curtis said. “They are just not trained to deal with those kind of problems. They need to build some expertise around this issue.”
Chris Boughey is a detective from Peoria, Ariz., who has made it his mission to combat forced marriage and subsequent honor killings nationwide. According to Boughey, honor violence occurs when someone who is seen as defying her family’s culturally based expectations is harmed or threatened by relatives in order to protect the family’s social status and respectability.
In 2009, he and fellow Peoria detective Jeffrey Balson investigated the case of Noor Almaleki, a 20-year-old Arizona woman who was run over and killed by her father in order to, in her relatives’ eyes, protect her family’s honor.
Now, since dealing with Almaleki’s case, the two detectives have been brought on as law-enforcement liaisons by the AHA Foundation. Since joining forces with the group, Boughey and Balson get referrals to cases of forced marriage and honor violence nationwide. According to Boughey, law-enforcement officials often have no knowledge of the practice.
“I think law enforcement and social services don’t understand the notion of honor violence and/or forced marriage and they kind of check it off as a family problem that should be dealt with at the family level,” he said. “And that’s a huge mistake.”
Khalid Latif, imam and executive director at New York University’s Islamic Center, said that culture is often used as wrongful justification to force young Muslim girls to marry. For Latif, as a religious leader, this practice is morally incompatible with religious practices and mainly occurs because of precedents in communities.
“When somebody is getting married against their will, that is where it becomes religiously impermissible,” he said. “By no means is forced marriage sanctioned and allowed within Islam as a tradition.”
Latif counseled a young woman in New York City who every night, he said, “felt as if (she) was being raped” after she was forced to marry by her traditional Muslim family.
There can be severe psychological issues for victims, according to VOW’s McLeod, who is a survivor of domestic violence.
“A lot of times we see them being shunned because it is shameful not to be married,” she said. “It is shameful to leave your husband even if you are being abused. We have seen men who keep women constantly pregnant as a way to keep them controlled.”
McLeod said the U.S. needs better ways to educate women in communities at higher risk.
“Some of them learn their rights, go into shelters, and that’s when they begin the process of educating others,” she said. “It’s a really rampant thing that is really silent. These women are basically hostages until they can get themselves out.”
Sayoni Maitra is a legal fellow at Sanctuary for Families, a nonprofit agency in New York state that provides crisis intervention for victims of domestic violence, sex trafficking and forced marriage. Like Curtis and Boughey, Maitra agreed that the lack of legislation targeting forced marriage causes victims to fall through the cracks.
The U.S. lags behind other countries when it comes to recognizing forced marriage as an issue of violence against women, Maitra said. And many agencies and individuals could help but don’t get involved because they think of it as a cultural practice and not domestic violence.
Forced marriage often goes “hand in hand with other forms of gender violence,” she said. If the victim is under 18, it could be considered a form of child abuse. For victims over 18 years old, crimes associated with forced marriage include physical violence, marital rape, stalking, female genital mutilation — carried out in preparation for marriage — kidnapping and abduction.
“A lot of times, particularly with school-aged children, they are told right before their summer vacations they are going to go abroad to visit relatives and to learn about their parents’ home countries,” Maitra said. “She boards the plane, and when she arrives there, that’s when she realizes that she is going to be forced into marriage.”
Sayoni Maitra, Sanctuary for Families
Maitra, who works on an immigration project at Sanctuary for Families, cited various immigration remedies — U nonimmigrant status visas, T nonimmigrant status visas, VAWA self-petitions and asylum — for victims without green cards who are experiencing gender violence.
“The main thing is that forced marriage does not happen in isolation,” she said.
For victims like Fraidy Reiss who have found resources, there is hope that the cycle can be broken. Her 18-year-old daughter is in college and has a boyfriend. She has no plans to get married anytime soon, if at all.
“There is completely no pressure on her,” Reiss said. “She can get married. She can not get married. She can have children. She can never have children. She could get her Ph.D., or she could drop out of college. Whatever she wants, she can do. I’ve always told her, ‘There is nothing in the world that you can do that would make me consider you dead.’”
Unchained’s founder and executive director, Fraidy Reiss, was featured in December 2013 in “Jews on Bikes,” a documentary produced by Sky Atlantic in the U.K.
Here is Sky Atlantic’s description of the documentary: “This 6-part series for Sky Atlantic joins 8 British Jewish bikers as they embark on the ultimate road trip across America to discover their history and themselves. This unique, quirky and heart-warming series fuses Judaism with life on the road as our colourful characters unite with other Jewish biker clubs and meet a plethora of extraordinary people along the way.”
One of those “extraordinary people” was Fraidy Reiss, who was featured in the second episode of the documentary. She spoke to the bikers about her favorite topic, arranged/forced marriage, and how it happens in the Orthodox Jewish community. She and then-Unchained board member Elana Knopp shared with the bikers their personal experiences with abusive marriages arranged in that community.
Unchained is pleased to announce it has submitted a memo to the Office of the United Nations High Commissioner for Human Rights about laws in the U.S. that easily allow parents to pressure, coerce or force children under the age of 18 into marriage.
The High Commissioner for Human Rights plans to submit a report about child, early and forced marriage to the Human Rights Council in June 2014, and Unchained hopes the information it provided will be included in that report — as evidence that such marriages happen in the U.S., not only in Asia and Africa, and with Unchained’s recommendations for how to protect U.S. children from such marriages.
A Problem in the U.S. Too
Unchained’s memo to the High Commissioner noted that the U.S. has no legislation criminalizing forced marriage, and its laws surrounding the minimum marriage age easily allow for parents to pressure, coerce or force children under the age of 18 into marriage.
STATE |
MINIMUM AGE TO MARRY |
MINIMUM AGE TO MARRY W/ PARENTAL CONSENT |
MINIMUM AGE TO MARRY W/ JUDICIAL APPROVAL |
Alabama |
18 |
16 |
— |
Alaska |
18 |
16 |
14 |
Arizona |
18 |
16 |
0 w/ parental consent |
Arkansas |
18 |
17 males; 16 females |
0 w/ parental consent + pregnancy |
California |
18 |
— |
0 w/ parental consent |
Colorado |
18 |
16 |
0 w/ parental consent |
Connecticut |
18 |
16 |
0 w/ parental consent |
Delaware |
18 |
— |
0 w/ parental consent |
Florida |
18 |
16 |
0 if pregnancy or parenthood |
Georgia |
18 |
16 |
16 w/ parental consent |
Hawaii |
18 |
16 |
15 |
Idaho |
18 |
16 |
0 w/ parental consent |
Illinois |
18 |
16 |
16[1] |
Indiana |
18 |
17 |
15 w/ parental consent + pregnancy or parenthood |
Iowa |
18 |
— |
16 |
Kansas |
18 |
16 |
15 |
Kentucky |
18 |
16 |
0 if pregnancy |
Louisiana |
18 |
16 |
0 w/ parental consent |
Maine |
18 |
16 |
0 w/ parental consent |
Maryland |
18 |
16 |
15 w/ consent + pregnancy or parenthood |
Massachusetts |
18 |
— |
0 w/ parental consent |
Michigan |
18 |
16 |
0 w/ parental consent |
Minnesota |
18 |
— |
16 w/ parental consent |
Mississippi |
21 |
17 males; 15 females |
0 w/ parental consent |
Missouri |
18 |
15 |
0 |
Montana |
18 |
— |
16 w/ parental consent |
Nebraska |
17 |
0 |
— |
Nevada |
18 |
16 |
0 w/ parental consent |
New Hampshire |
18 |
— |
14 male; 13 female |
New Jersey |
18 |
16 |
0 |
New Mexico |
18 |
16 |
0 if pregnancy |
New York |
18 |
16 |
14 w/ parental consent |
North Carolina |
18 |
16 |
14 if pregnancy or parenthood |
North Dakota |
18 |
16 |
— |
Ohio |
18 |
— |
18 males; 16 females |
Oklahoma |
18 |
16 |
0 if pregnancy or parenthood |
Oregon |
18 |
17 |
— |
Pennsylvania |
18 |
16 |
0 |
Rhode Island |
18 |
16 (females only) |
0 w/ parental consent |
South Carolina |
18 |
16 |
— |
South Dakota |
18 |
16 |
— |
Tennessee |
18 |
16 |
0 w/ parental consent |
Texas |
18 |
16 |
0 w/ parental consent |
Utah |
18 |
16 |
15 w/ parental consent |
Vermont |
18 |
16 |
— |
Virginia |
18 |
16; 0 w/ pregnancy or parenthood + consent |
— |
Washington |
18 |
— |
17 |
West Virginia |
18 |
16 |
0 w/ parental consent |
Wisconsin |
18 |
16 |
— |
Wyoming |
16 |
— |
0 w/ parental consent |
Washington D.C. |
18 |
16 |
— |
World Policy Institute Presented
Featuring Kavitha Rajagopalan, Fraidy Reiss and Shehnaz Abdeljaber
WHEN: Tuesday, December 3
6:00 PM – 7:30 PM
WHERE: World Policy Institute
108 West 39th Street, Suite 1000
New York City
Tens of thousands of women and girls in the United States – many as young as 15 years of age – are in arranged marriages, particularly in the Jewish, Muslim, Mormon, Sikh, South Asian, and African communities. Many of them have been coerced or forced into their situations, face domestic violence and lack the support and resources that would allow them to leave safely.
Coerced marriages are an under-reported problem that affect both U.S. citizens and migrant women, but they create an especially fragile situation for migrant women, who lack the legal protections, familiarity with the culture and law, and broader societal support that U.S. citizens have. Religious extremism both in the U.S. and abroad, as well as ostracism of migrants and religious minorities, have worsened the problem.
How does the U.S. compare to other countries in the world in dealing with this problem? What can be done to support women in coercive marriages?
World Policy Institute hosted Senior Fellow Kavitha Rajagopalan in conversation with Fraidy Reiss, the founder and executive director of Unchained At Last, who escaped an arranged marriage in a New Jersey Orthodox Jewish enclave, and Shehnaz Abdeljaber, board president of Unchained At Last, a Palestinian woman who took on her family and community to avoid an arranged marriage.
ABOUT THE SPEAKERS
Shehnaz Abdeljaber grew up in a patriarchal community, where she fought to avoid ending up in an arranged marriage when she was 18. Her experiences turned her into a dedicated advocate for human rights, especially as they pertain to children and minorities. Shehnaz is President of the Board at Unchained At Last and serves as the outreach coordinator for the Rutgers University Center for Middle Eastern Studies, where she helps coordinate cultural and educational events involving the Arab and Muslim communities. She previously served on the Commission for New Americans under Governor Jon Corzine. Shehnaz is a graduate of Rutgers University. She is now a graduate student at University of Pennsylvania, where she is pursuing a Master of Liberal Arts degree in Arab/South Asian women’s literature and creative writing.
Fraidy Reiss is the Founder and Executive Director of Unchained At Last, which helps women who want to leave their arranged marriage but are limited by finances, religious law and cultural norms. Fraidy was 19 when her family arranged for her to marry a man who turned out to be violent. But with no education and no job, and a family that refused to help her, she felt trapped. At age 27, Fraidy defied her husband and relatives to become the first person in her family to go to college; she graduated from Rutgers University at age 32 as valedictorian. With her degree in journalism, Fraidy reported for the Asbury Park Press, where her reporting won the second place New Jersey Press Association’s Robert P. Kelly Award for outstanding young journalists in 2007. Fraidy went on to a career as an investigator at Kroll, the world’s largest investigations firm, and then at a private firm in New York. Fraidy also serves on UJA-Federation’s Task Force on Family Violence.
ABOUT THE MODERATOR
Kavitha Rajagopalan is Secretary of the Board at Unchained At Last, a World Policy Institute Senior Fellow and author of Muslims of Metropolis: The Stories of Three Immigrant Families in the West, a narrative nonfiction exploration of integration and identity formation in the urban Muslim diaspora. Her projects include research and advocacy on the causes and consequences of undocumented migration, arranged and forced marriage in America, urban informality and minority access to mainstream financial systems. She writes widely on global migration and diversity and has taught related courses at NYU’s Center for Global Affairs. She is a director at Kroll Advisory Solutions.
On November 17, 2013, Unchained At Last presented
The reading of a play about arranged marriage
Featuring Alysia Reiner and Michelle Hurst of “Orange Is the New Black”
Written by Susan Merson • Produced by the Jewish Plays Project
Followed by a panel discussion about arranged/forced marriage in the U.S.
At The Dillon, 425 W. 53 Street, New York City
A haredi mother, an Ethiopian professor and an American expatriate struggle to help a young Israeli woman secretly pregnant by a Palestinian man – but about to enter an arranged marriage with the rabbi’s son. Bounty of Lace explores the experience of women in a war-torn region dominated by male agendas.
David Winitsky is the artistic director of the Jewish Plays Project, a collaborator with StorahTelling and a PresenTense New York City Fellow. He has directed or assisted on Broadway, off Broadway and regionally at Papermill Playhouse, Steppenwolf Theatre Company, California Shakespeare Festival and Philadelphia Theatre Company. David holds an MFA in directing from Northwestern University and a BA in mathematics from Cornell.
Unchained thanks the following people for making Bounty of Lace possible: Jeanne Gordon, Melina Spadone, David Winitsky, Susan Merson, Mark Berkley, Kelly Schultz and all of the sponsors, performers and panelists.
Newsweek describes how leaving an arranged marriage in the Orthodox Jewish community can be “brutal, degrading and endless” for women — and talks about how Unchained helps such women, as well as women from any culture or religion that practices arranged/forced marriage.
Divorce in the Orthodox Jewish Community Can Be Brutal, Degrading and Endless
“Only three days into the marriage, I knew I made a terrible mistake.”
Gital Dodelson, 25, wrote those words about her 2009 marriage to Avrohom Meir Weiss in an explosive essay in the New York Post last week.
After a short courtship and engagement (typical in the Orthodox Jewish community), Dodelson thought she had everything she wanted: the 400-person wedding, the lace dress, the white rose bouquet and, of course, Weiss, a Talmudic scholar from a prominent rabbinic family on Staten Island — until, she says, she discovered Weiss was “controlling and belittling.”
The marriage unraveled quickly.
“It was our first Shabbat together as man and wife — and it was spent in silence,” she wrote in the Post. According to Dodelson, Weiss controlled the family finances despite not having a job (he studied at his yeshiva full-time while she worked and went to school). She also claims he refused to hire a housekeeper when she was pregnant or see a marriage counselor, and got angry when she tried to pick her own doctor. After 10 months of marriage, Dodelson and her newborn son, Aryeh, moved in with her parents.
She divorced Weiss in civil court in August 2012, but says he refuses to give her a “get,” or religious divorce transaction necessary in Orthodox Judaism to finalize a divorce, leaving her unable to move on in her community.
Dodelson’s friends launched a website, SetGitalFree.com, to help publicize her situation. A Facebook page, Free Gital: Tell Avrohom Meir Weiss to Give His Wife a “Get,” has over 13,000 likes. Weiss’ side of the story, however, remains largely absent from media reports. Newsweek has been unable to reach Weiss or his family. However, Weiss’ father, Rabbi Yosaif Asher Weiss, spoke exclusively to the Staten Island Advance, saying: “Our family is horrified by the vitriol, lies and hate that permeate Gital’s article… This is a very, very heart-wrenching and ongoing dispute. We’ve been trying desperately to resolve this for a long time. This has destroyed my family health wise and destroyed my family financially.”
Dodelson’s story is not unique in the world of Orthodox Judaism, where men hold all of the power when it comes to terminating marriages.
According to Jewish law, a wife can refuse to accept a divorce initiated by her husband, but only a husband can initiate and finalize religious divorce proceedings. Even if a woman obtains a civil divorce, she is not considered divorced under Jewish law until her husband issues a get. Without it, she is deemed an agunah, a “chained wife” — she cannot date or remarry within the religious community in which she was raised, and any children she has with a new husband are deemed illegitimate. While a wife can sue for divorce in a beth din, a Jewish court, and while the beth din can order the husband to issue the get, he can still refuse. For some agunot, the situation can become so dire that they turn to violence. Recently, the FBI arrested a group of Brooklyn rabbis for running a for-hire torture ring that kidnapped and tormented Jewish husbands unwilling to provide their wives with gets.
“Being an agunah is such a painful and shameful existence,” says Fraidy Reiss, founder and executive director of Unchained At Last, a nonprofit that provides free legal services and support to women of any culture or religion trying to leave arranged or forced marriages. “You remain trapped as a single person in a community where there is nothing more shameful than being single.”
While there are plenty of cases in which Orthodox Jewish couples divorce without incident, for some husbands, refusing to offer a get is a way to control their wives — to extort money, to blackmail them for custody over children or, more simply, to punish them for wanting to end the marriage.
“I consider this to be the most pressing issue facing the Orthodox community in America,” says Rabbi Avi Weiss, the longtime leader of the Hebrew Institute of Riverdale in New York. “It’s an outrageous situation… If there is someone who is recalcitrant, they are not welcome — I have actually escorted such people out of my synagogue, which is so contrary to my work.”
“Get refusal is a form of domestic abuse, and domestic abuse is never justified,” says Rabbi Jeremy Stern, executive director of the Organization for the Resolution of Agunot (ORA), a nonprofit in New York that helps husbands and wives secure gets amicably. Each year, ORA receives roughly 150 queries from women seeking guidance and assistance in divorcing their husbands. (In the first 36 hours after the Post story appeared, the group received a dozen phone calls.) “When dealing with contentious divorces, the first thing people say is, ‘There are two sides to every story.’ There are not two sides in abuse.”
ORA, which has handled around 500 controversial get cases since its founding in 2002, helped Dodelson organize two peaceful demonstrations outside of Weiss’ home on Staten Island, the first in June 2012 and the second a year later. The group’s tactics — a concoction of social, communal and financial pressures that involve ostracizing a husband from his community and publicizing his name online and in the media — assist women who are often unable to advocate for themselves.
“Get refusal is the last stand of men who want to hurt their wives. It’s the act of desperation: ‘You will never leave me,’” says Elana Maryles Sztokman, executive director of JOFA, the Jewish Orthodox Feminist Alliance. “The moment of exit is the moment of greatest danger for abused women — it’s the moment when some abusive men will take out a violent weapon and try to kill their wives. In Judaism, men don’t need to take out a gun. They can take out a get and say, ‘I will own you forever.’”
While it’s often challenging to track statistics on divorce within the Orthodox Jewish community, a 2011 study by the Mellman Group reported 462 cases of agunot in the U.S. and Canada between 2005 and 2010, suggesting a marked increase in get refusals as well as a decline in resolutions, which can take anywhere from one to five years, sometimes longer. Most of these agunot were young women with children and limited finances, trying to escape first marriages without resources or assistance. In Israel, one in three women seeking divorce is threatened with a get refusal or extortion from her husband, according to a 2013 study by Bar-Ilan University’s Rackman Center for the Advancement of the Status of Women. Among the religious and ultra Orthodox community in Israel, that number jumps to one in every two women.
Dodelson’s decision to go public with her situation is rare for the largely private Orthodox Jewish community.
“I don’t agree with people living their lives out in the public eye like this, and using publicity to get something without everyone knowing all of the facts,” says HaDassah Sabo Milner, 40, a blogger for the Times of Israel. “You’ve got to think of the child. He’ll grow up and read vitriolic posts by each camp. He’s an innocent in all of this,” she says, adding, “I understand she’s totally desperate, and I get that, but at the end of the day, the husband has to give his divorce of his own free will.”
Milner was 32 years old and had four young children when her first marriage ended in divorce. “I was very fortunate that my ex-husband did not give me a hard time. Our marriage was over and we got it done,” she explains. But that didn’t make the experience easy. She criticizes the male-dominated divorce process as well as the men who use gets to their advantage; “withholding a get is abuse,” she says.
Not everyone in the Orthodox Jewish world criticizes Dodelson’s public plea.
“It took such guts for her to write what she did,” says Reiss, 38, who grew up in an ultra-Orthodox community in Brooklyn. When she was 19 years old, her parents arranged for her to marry a man she’d never met. By 27, she was unhappy and wanted out — not just of the marriage, but of the entire Orthodox Jewish world.
“I had no education and no job, and I had two kids. I couldn’t leave. I couldn’t support them or myself. I was trapped,” she says.
Reiss became the first person in her family to go to college (she graduated from Rutgers in 2007, at the age of 32). When she stopped wearing a head covering during her senior year, she says her family declared her dead. “One of my sisters told me that my [parents, two other sisters and two brothers] were discussing whether to sit shiva for me,” she says. “And I was valedictorian.”
Reiss made the rare decision to not only file for divorce in civil court, rather than religious court, but she also refused to accept a get from her husband. “Normally, women beg and have to pay money,” Reiss explains. “For a while I had rabbis calling me begging me to accept the get. They didn’t know what to do with me.”
Reiss, who now lives in in a non-Jewish suburb of New Jersey and sends her children to public school, chose to leave the Orthodox community, making it easier for her to move on with her life without a get. As she put it, “I knew I would never want to remarry in that community.” Women like Dodelson, who don’t want to sacrifice their faith for their freedom, face a harder road.
Orthodox Judaism is replete with the vestiges of bronze-age patriarchy, and change in the community takes time and consensus.
“We’ve come a long way. In some respects, Orthodox Judaism is still more progressive than fundamental religions,” says Eliyahu Fink, an Orthodox rabbi who leads the Pacific Jewish Center in Venice, Calif., referring to the fact that Orthodox Jewish women now go to graduate school and become doctors, lawyers, teachers — pretty much anything but rabbis. Still, this is a community struggling to figure out how to continue its traditions and existence in today’s high-tech, Internet-saturated, modern world.
In May 2012, around 40,000 ultra-Orthodox Jewish men gathered at a religious rally at New York’s Citi Field to protest the dangers of the Internet. (Viewings were organized in Brooklyn and New Jersey neighborhoods so that women could participate remotely, separate from the men as per ultra-Orthodox tradition.) Just over a year later, the retail chain Rami Levy announced a “kosher” smartphone for the ultra-Orthodox community, complete with phone, text and email capabilities, access to pre-approved apps and limited web access (there is no Google). Recently, a Hasidic community in Brooklyn expressed outrage over the city’s new bike lanes, which brought “scantily clad” women riding through their neighborhood. This June, an Orthodox rabbinical school in New York made history by ordaining three women as halachic and spiritual leaders, called maharats (women are not permitted to be rabbis in the Orthodox community).
Divorce, however, remains the man’s prerogative. “If you’re causing someone pain — emotional, physical, sexual — that’s forbidden in the Torah,” Fink says. “If the person uses the law as a weapon, that is violating Jewish law.”
“[Progress] can’t just be about galvanizing protests for a particular person, but rather about making sure the next 500 people don’t go through this particular horror,” explains Michael Helfand, an associate professor at Pepperdine Law School and associate director of Pepperdine’s Glazer Institute for Jewish Studies.
One sign of hope for Orthodox women comes in the form of a halachic prenup, which is civilly enforceable in America and creates a financial disincentive for husbands to withhold gets.
“I will not do a wedding today without a prenuptial being signed,” says Avi Weiss, who has been using prenuptial agreements since 1983. “It’s irresponsible for any rabbi to do a wedding without one… It is the deepest expression of love: I love you so much, I want to protect you in any eventuality. If ever I am out of control, I want to make sure you are still protected.”
“We have never seen a case where a halachic prenup was properly signed and the get was withheld,” Stern says. “We need to standardize the use of the halachic prenup agreement,” he added. “It is a vaccine for the Jewish community.”
While the prenup may be an effective troubleshooting tool, it is not a solution to the endemic problem of women’s rights in Orthodox Jewish marriage and divorce proceedings. Indeed, over three years later, Dodelson still awaits her freedom from Weiss.
“I’m waiting for the email to say that Avrohom gave her the get,” says Shira Dicker, the publicist behind Dodelson’s Post article. “If we succeed here, we will have used a 21st century solution — Facebook, social media, the media — to combat a centuries-old law that is really in need of change.”
Deb Tambor’s suspected suicide leads to outcry about lack of resources for women in custody fights against haredi community. This story in The Jewish Week includes information about and from Unchained At Last.
Girls are being told to hide a metal spoon in their suitcase when they are being sent overseas and forced into marriage. That way their suitcases will set off metal detectors and compel airport security to pull them off to the side, away from their parents, where they can ask for help. This story includes mention of Unchained At Last.