Yet one more example of discrimination against the irreligious inchild custody cases:

Marc Stern mstern at
Wed Sep 3 14:14:35 PDT 2008

Before concluding that this was a case of discrimination (which it may
yet well be,I would need to know certain facts. How old is the child?
Did she express soem view on the matter of religious practice? Did
religion play a large role in her pre-divorce life? Was the child taken
to church regularly during the marriage, such that a grant of custody to
the mother might be disorienting to the child?
Marc Stern


From: religionlaw-bounces at
[mailto:religionlaw-bounces at] On Behalf Of Volokh, Eugene
Sent: Wednesday, September 03, 2008 5:00 PM
To: Law & Religion issues for Law Academics
Subject: Yet one more example of discrimination against the irreligious
inchild custody cases:

>From Buck v. Buck, 4 Pa. D. & C. 5th 238 (Pa. Com. Pl. 2008).  Given Lee
v. Weisman's conclusion that simply having a prayer at a not formally
mandatory graduation is unacceptable coercion of religious practice,
wouldn't counting a parent's not engaging in "religious/spiritual
activities [with] the child" against the parent in a child custody
decision -- and counting the other parent's "plac[ing] a high-level
emphasis on religion" in that other parent's favor -- be even more
clearly unacceptable coercion of religious behavior?
D. Spiritual Well-Being

Father is religious and takes the child to church. Father currently
places a high-level emphasis on religion. The child appears to be
enjoying her religious activities.

Mother did not testify as to any particular religious/spiritual
activities in which she seeks to involve the child, or any
religious/spiritual activities which she seeks to instill in the child.

The child's spiritual well-being is better served by being in Father's
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