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The Contested Place of Religion in Family Law

The Contested Place of Religion in Family Law

Author: Robin Fretwell Wilson
Publisher: Cambridge University Press
ISBN: 9781108417600
Published In: May 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function.

Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths.

The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.

Foreword Senator Orrin Hatch

Introduction Robin Fretwell Wilson

Part I. The Foundations and Boundaries of Religious Liberty:

1. The risky business of RFRAs after Hobby Lobby Elizabeth Sepper

2. Religion and the family in the wake of Hobby Lobby Michael A. Helfand

Part II. Religious Claims at Birth:

3. Religious exceptionalism and religiously motivated harm Michele Bratcher Goodwin

4. Contraceptive access and religious liberty: can we afford to protect both? Mark L. Rienzi

5. The contraceptive-coverage cases and the problem of politicized free-exercise lawsuits Gregory M. Lipper

6. The substantial burden question: secular tools for secular courts Michael A. Helfand

7. Coming soon to a court near you: male circumcision in religious families in Europe and the United States Eric Rassbach

Part III. Religious Claims in Childrearing:

8. The easiest accommodation: abandoning other people's children to their parents' religious views James G. Dwyer

9. Marriage agreements and religious family life Brian H. Bix

10. Religious parents who divorce Margaret F. Brinig

11. Regulating the relationship between parents: moving beyond marriage and custody law Merle H. Weiner

12. Bad faith: when religious beliefs imperil children Paul A. Offit

13. By faith alone: when religious beliefs and child welfare collide Robin Fretwell Wilson and Shaakirrah Sanders

Part IV. Rethinking Marriage after Obergefell:

14. After Obergefell: locating the contemporary state interest in marriage Kari E. Hong

15. Transformational marriage: how to end the culture wars over same-sex marriage Robin B. Kar

16. Divorcing marriage and the state post-Obergefell Robin Fretwell Wilson

17. Why no polygamy John Witte, Jr

18. Scrutinizing polygamy under religious freedom restoration acts Maura Irene Strassberg

Part V. Religious Claims at End of Life:

19. Religion and advance medical directives: formulation and enforcement implications Richard L. Kaplan

20. Personal religious identity at the end of life Naomi Cahn and Reverend Amy Ziettlow

Part VI. Shaping the Legal Culture of the Family:

21. Taking colliding trains off a collision path: lessons from the Utah compromise for civil society J. Stuart Adams

22. Family law and civil rights movements: examining the influence of courts and legislatures on racial and sexual orientation equality Anthony Michael Kreis

23. Latter-day constitutionalism: sexuality, gender, and Mormons William N. Eskridge, Jr

Part VII. International Perspectives: 24. The future of marriage in secular societies Patrick M. Parkinson

25. A tale of fragmentation and intertwinement: the sacred and the secular systems for forming and dissolving marriages in Israel Karin Carmit Yefet and Arianne Renan Barzilay

26. Religious modesty for women and girls: a comparative analysis of legal protections in France and the United States Asma T. Uddin.