The court refused to move the doctor’s trial even one day to allow him to observe Yom Kippur, the holiest day of the Jewish calendar.
Harrisburg, PA—First Liberty Institute and Winston & Strawn LLP, on behalf of the Jewish Coalition for Religious Liberty, the Coalition for Jewish Values, and the Louis D. Brandeis Law Society, and the Independence Law Center filed friend-of-the-court briefs on behalf of Dr. Peter Gross, urging the Pennsylvania Supreme Court to grant him a new trial after his first was scheduled on Yom Kippur. Yom Kippur is the holiest day on the Jewish calendar and has been observed by faithful Jews for millennia.
You can read First Liberty’s brief here and the Independence Law Center’s brief here.
“The Philadelphia court’s actions demonstrate a blatant disregard for the Free Exercise rights of this doctor whose faith is central to his life,” said Randall Wenger, Chief Counsel for the Independence Law Center.
“No American should be forced to choose between two precious constitutional rights: whether to violate his faith or to attend his own trial. Yet that is the unconstitutional choice that a Philadelphia court forced upon Dr. Peter Gross,” said Kayla Toney, Counsel for First Liberty. “We urge the state Supreme Court to respect Dr. Gross’s religious faith and grant him a new trial.”
Dr. Gross is an observant Jew whose faith is central to his life. After he was sued for medical malpractice, the Philadelphia County Court of Common Pleas scheduled his jury trial on Yom Kippur. The court refused to move the trial one day, and it removed a Jewish juror because she could not attend either. The jury sided against Dr. Gross.
In the brief, attorneys argue, “Such discrimination could only happen to a religious minority, because courts do not schedule proceedings on Sundays or holidays observed by those of majoritarian faiths. Yet the court refused to accommodate the Doctor and juror’s religious practices while making many other accommodations for secular reasons. This unequal treatment demonstrates the court’s disregard of the significance of Yom Kippur, the holiest day of the year for Jews, and it triggers strict scrutiny under the Free Exercise Clause of the First Amendment.”
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.
About Independence Law Center
The Independence Law Center is a public-interest civil rights law firm affiliated with the Pennsylvania Family Institute, a non-profit 501(c)(3) organization that works to preserve religious liberty, promote marriage and the family, and protect human life.
To arrange an interview, contact Josue Sierra at jsierra@indlawcenter.org or by calling 202-430-0282.
