RE: Need an expert on religion in custody cases

2008-01-04 Thread Marc Stern
I too participated in the debates over California's RFRA. As I recall, the issue which killed the RFRA bill was civil rights, especially as it affected gays..Zoning was also an important objection. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On B

Re: Need an expert on religion in custody cases

2008-01-04 Thread Hamilton02
fyi-- One of the primary reasons that the CA RFRA never made it anywhere was opposition from the child justice system in CA. There was concern that it would tip the scales toward the religious parent and create (or cause litigation over) religious defenses involving support issues. Marci

RE: Need an expert on religion in custody cases

2008-01-04 Thread Volokh, Eugene
I'm happy to report that the decision reported in the Time story was from 1970, and was promptly reversed by the New Jersey Supreme Court. In re Adoption of E, 59 N.J. 36 (1971). Some preference for the religious (or the more religious) parent in child custody cases (not, to my knowledge,

Re: Need an expert on religion in custody cases

2008-01-04 Thread Caroline Abbott
That decision, from 1970, was later overturned. On 1/4/08, Susan Freiman <[EMAIL PROTECTED]> wrote: > > ".In an extraordinary decision, Judge Camarata denied > the Burkes' right to the child because of their lack > of belief in a Supreme Being. Despite the burkes' > "high moral and ethical standar

Re: Need an expert on religion in custody cases

2008-01-04 Thread Susan Freiman
".In an extraordinary decision, Judge Camarata denied the Burkes' right to the child because of their lack of belief in a Supreme Being. Despite the burkes' "high moral and ethical standards," he said, the New Jersey state constitution declares that "no person shall be deprived of the inestimable p