Religious Constraints during Visitation: Under What Circumstances Are They Constitutional
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Authors
Mangrum, R. Collin
Issue Date
1991
Volume
24
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Controversy in the law is perhaps nowhere more apparent than in the area of personal autonomy. To what extent do individuals in society possess rights which limit the authority of the state to intervene in the name of public interest? In the area of family law, controversy abounds regarding the existence and limits of personal rights. The issue of parental rights over the care and control over their children provides an example of personal rights under fire. If public interest were the exclusive standard, then an argument could be made that many, if not all children, ought to be removed from their parents who, in most cases, lack professional training in child psychology, child rearing techniques and child education. Moreover, parents generally possess the baggage of their own immediate past and have internalized belief systems that make assimilation and harmonious relationships in society more difficult. Indeed, the possibility of establishing an egalitarian society, devoid of parochial biases and cultural peculiarities, may depend on the eradication of the family as a protected institution. And yet family autonomy continues to receive protected status against public interest challenges. In the event of divorce and child...
Description
Citation
24 Creighton L. Rev. 445 (1990-1991)
Publisher
Creighton University School of Law