Need an expert on religion in custody cases

[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, in
adoption cases) does continue in some jurisdictions, as I described at
http://www.law.nyu.edu/journals/lawreview/issues/vol81/no2/NYU203.pdf;
but fortunately that is not nearly as blatant as was the one in the
now-reversed New Jersey case.

	Eugene

> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu 
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Susan Freiman
> Sent: Friday, January 04, 2008 2:25 AM
> To: Law & Religion issues for Law Academics
> Subject: Re: Need an expert on religion in custody cases
> 
> ".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>