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Free Exercise Challenge To Custody Decree Rejected

By Howard M. Friedman

In Forthner v. Forthner, (MS App., Oct. 19, 2010), a Mississippi court of appeals rejected a father's religious free exercise challenge to a judge's decision giving his wife custody of their children and denying the husband separate maintenance.  The appellate court explained:

In this case, Desmond bases his claim of religious discrimination on exchanges within the record where the chancellor provided his opinion that Desmond should reconsider his attitude toward the children and "rethink the idea that children should always be told the truth." Desmond asserts that his idea regarding truthfulness is based on his religious beliefs. The chancellor's view on Desmond's attitude was in no way derogatory toward a religious practice.... The record simply does not support the contention that the chancellor's decision regarding the issues of custody and separate maintenance were in any way influenced by Desmond's religion. 

Full post as published by Religion Clause on October 21, 2010 (boomark / email).