From February 12, 2013, “Church and state and erecting convenient boundaries“:
That’s how these things work. If you don’t know it’s there, you’d never know it was there. You can’t see it, and unless you’re an Orthodox Jew it doesn’t affect your life at all in any way.
And yet many of the residents of Westhampton Village — including the mayor — want to prevent the Orthodox community from constructing its eruv. They offer two reasons for this. The first is an attempt at a principled-sounding argument. The second is an accidental admission of simple discrimination. …
Eruvin already exist in communities all over the United States, none of which have been challenged, let alone ruled against, as any sort of religious establishment. Because they are not any sort of religious establishment — the state is not involved, and they do not affect anyone except the members of the Orthodox community. They are not noticed by anyone except the members of the Orthodox community.
If the city were being asked to fund the construction of the eruv, that would be a violation of the Establishment Clause. If the existence of the eruv meant that suddenly every resident had to begin abiding by the Orthodox Jewish restrictions against carrying on the Sabbath, then that would clearly be unconstitutional. But the town is not being asked to pay for any of this, only to allow its existence. And none of the non-Orthodox residents of the town will be asked or required even to acknowledge its presence.
So what’s really behind the opposition to the Westhampton Village eruv? The ugly truth seems to be that because it would make life easier for Orthodox Jewish residents, it might attract Orthodox Jewish residents, and the people of Westhampton Village don’t want those kind of people around. The law might not allow Westhampton to prohibit Orthodox Jews from building a synagogue, but perhaps the law can be manipulated to prevent them from being able to get to that synagogue. And if so maybe they’ll all just go away.
It’s discrimination, plain and simple. It’s no different from the anti-Islamic bigotry opposing the “Ground-Zero mosque” (which was neither a mosque, nor very near Ground Zero) or opposing the mosque in Murfreesboro, Tenn.