Need an expert on religion in custody cases

[Caroline Abbott]

That decision, from 1970, was later overturned.

On 1/4/08, Susan Freiman <susan.freiman.law.65 at aya.yale.edu> 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 standards," he said, the New
> Jersey state constitution declares that "no person
> shall be deprived of the inestimable
> privilege of worshiping Almighty God in a manner
> agreeable to the dictates of his own conscience."
> Despite Eleanor Katherine's tender years, he
> continued, "the child should have the freedom to
> worship as she sees fit, and not be influenced by
> prospective parents who do not believe in a Supreme
> Being.."
>
> http://www.time.com/time/magazine/article/0,9171,877155,00.html
> <http://www.time.com/time/magazine/article/0,9171,877155,00.html>
>
>
> Not exactly religion, but close:
>
>
> Success Stories
>
>        |
> Email
> <
> http://www.nif.org/about/success-stories/send-to-friend.jsp?pid=28587824&itemID=29332374
> >
>
>
>
>    Welfare Ministry Wants Adoption Rights for Same-Sex Couples
>
> January 1, 2008
>
> Israel's Welfare Ministry plans a new initiative that will enable same
> sex couples to adopt babies. The proposal follows the ruling earlier
> this month by Israel's Supreme Court that the Interior Ministry must
> register the female partner of a mother as her child's second parent.
> The lesbian couple was represented by flagship NIF grantee *Association
> for Civil Rights in Israel (ACRI).*
>
> Welfare Minister Isaac Herzog is reportedly encouraged by this and other
> recent legal breakthroughs for Israel's LGBT community and strongly
> feels that all same-sex couples, even if they do not have a biological
> connection to a child, should have the same right to adopt as
> heterosexual couples. Herzog recently convened a meeting of senior legal
> advisors to discuss his proposal. The plan, undoubtedly, will encounter
> fierce hostility from Israel's religious parties, including government
> coalition partner Shas, which has already announced its opposition.
>
>
>
> Ed Brayton wrote:
> >
> > I'm writing an article on religion in custody cases. The jumping off
> > point will be a Michigan court of appeals ruling that came down last
> > week, which can be found here:
> >
> >
> http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/20071227_C278016_61_278016.OPN.PDF
> >
> > It's clear from the ruling that religion was not the only factor, but
> > it was clearly a significant one. I'd like to discuss the issue of
> > religion in custody cases more broadly and I need some expert analysis
> > on the subject. I've already contacted Eugene off list, but he is too
> > busy at the moment. Is there anyone else who has done some writing on
> > that subject who might be willing to do a brief interview on it,
> > either by phone or email? I need this in the next 24 hours if
> > possible. Please contact me off list.
> >
> > Or perhaps I should just post some questions about it here and see
> > what kind of discussion ensues. Here are some starting questions I
> > have in mind:
> >
> > 1. How common is this sort of thing in custody cases?
> >
> > 2. What are the chances of winning an appeal? It seems to me that
> > appeals courts generally give extraordinary discretion to the lower
> > court judge in such cases.
> >
> > 3. Do such rulings create 1^st amendment problems?
> >
> > 4. Are atheists or the non-religious generally discriminated against
> > in such cases?
> >
> > 5. How have the appeals courts or the Supreme Court handled such cases
> > in the past?
> >
> > 6. If you think the current system is unfair, how could it be improved?
> >
> > Please don't respond unless you are okay with being quoted in my
> > article. Thanks.
> >
> > Ed Brayton
> >
> > ------------------------------------------------------------------------
> >
> > _______________________________________________
> > To post, send message to Religionlaw at lists.ucla.edu
> > To subscribe, unsubscribe, change options, or get password, see
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
> >
> > Please note that messages sent to this large list cannot be viewed as
> private.  Anyone can subscribe to the list and read messages that are
> posted; people can read the Web archives; and list members can (rightly or
> wrongly) forward the messages to others.
> >
> > ------------------------------------------------------------------------
> >
> > No virus found in this incoming message.
> > Checked by AVG Free Edition.
> > Version: 7.5.516 / Virus Database: 269.17.13/1207 - Release Date:
> 1/2/2008 11:29 AM
> >
>
> _______________________________________________
> To post, send message to Religionlaw at lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
>
> Please note that messages sent to this large list cannot be viewed as
> private.  Anyone can subscribe to the list and read messages that are
> posted; people can read the Web archives; and list members can (rightly or
> wrongly) forward the messages to others.
>



-- 
"In the Reagan administration, they would usually return our phone calls. In
the Bush 41 administration, they often would return our phone calls, but not
quite as quickly, and sometimes not quite as receptively. In the Clinton
administration, they quit accepting our phone calls after a while.

In this administration, they call us, and they say, "What is your take on
this? How does your group feel about this?"

-- Richard Land, a director of the Southern Baptist Convention and president
of The Ethics & Religious Liberty Commission (of the Southern Baptist
Convention):  PBS Frontline interview "The Jesus Factor" posted 29 April 29
2004.

http://www.pbs.org/wgbh/pages/frontline/shows/jesus/interviews/land.html
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/pipermail/religionlaw/attachments/20080104/766af198/attachment.htm