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Religion & Law

: Religion Clause

1st Amendment Challenge To Termination of Parental Rights Dismissed

By Howard M. Friedman

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In Haines v. New Hampshire Department of Health and Human Services, 2009 U.S. Dist. LEXIS 36331 (D NH, April 28, 2009), a New Hampshire federal magistrate judge held that the Rooker-Feldman doctrine deprives the federal court of jurisdiction to review a state court's termination of a mother's parental rights and rulings on visitation. She raised 1st Amendment objections to the state's order, saying that the state court's rulings were based on her religious objection to undergoing a mental health evaluation that was based on principles of secular psychology or psychiatry.

Full post as published by Religion Clause on May 03, 2009 (boomark / email).

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