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Full-Text Articles in Law
Religion, Custody, And A Child's Identities, Shauna Van Praagh
Religion, Custody, And A Child's Identities, Shauna Van Praagh
Osgoode Hall Law Journal
Custody decisionmaking in which religion plays a role is significant from the perspective of parents, children, religious communities, and the liberal diverse state. Neither a family law analysis based on best interests, nor a constitutional law analysis based on parental rights, provides a wholly satisfactory response to the task of delineating custody and access when religion is at issue. Instead, a child's sense of identity, partly defined through membership in religious communities, must be considered; at the same time, the child's integrity must be protected. By balancing a child's interests of identity and integrity, courts respect religious freedoms and custodial …
The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen
The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen
Faculty Scholarship
No abstract provided.
Civilizing Religion, Kurt T. Lash
Civilizing Religion, Kurt T. Lash
Law Faculty Publications
Is it appropriate to restrict abortion at any stage in pregnancy on the ground that human life is sacred? Should the public square be open to biblical arguments against homosexuality? Or, to frame the issue in a more scholarly fashion: What role may religious arguments play, if any, either in public debate about what political choices to make or as the private basis of a political choice? In his recent book, Religion in Politics: Constitutional and Moral Perspectives, Michael Perry addresses these questions as a matter of constitutional law and political morality. Perry has been down this road before, most …