Wednesday, October 4, 2006

Reactions to Pennsylvania Holding that Parent May Not be Prohibited from Teaching Child about Belief in Polygamy Absent Threat of Harm

The Pennsylvania Supreme Court's decision ordering that a father could not be prohibited from discussing his views favoring polygamy has been getting plenty of press coverage.  The court's analysis of the degree to which the state can infringe on a parent's instruction of their child regarding religious beliefs came down to the principle that "The state’s compelling interest to protect a child in any given case ... is not triggered unless a court finds that a parent’s speech is causing or will cause harm to a child’s welfare.... we emphasize that the illegality of the
proposed conduct on its own is not sufficient to warrant the restriction. Where, as in the
instant matter, there is no finding that discussing such matters constitutes a grave threat of
harm to the child, there is insufficient basis for the court to infringe on a parent’s
constitutionally protected right to speak to a child about religion as he or she sees fit."

Shepp v. Shepp, opinion on the web (last visited October 2, 2006 bgf)

For press coverage on the opinion, see CNN's report

the York Dispatch, with interviews of mother

the York Daily Record, with a picture of dad and a chronology of the family

http://lawprofessors.typepad.com/family_law/2006/10/reactions_to_pe.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d8353516e853ef

Listed below are links to weblogs that reference Reactions to Pennsylvania Holding that Parent May Not be Prohibited from Teaching Child about Belief in Polygamy Absent Threat of Harm:

Comments

Post a comment