Colorado Court Upholds Right of Both Divorced Parents To Influence Child's Religion

Yesterday, a Colorado Court of Appeals decided an important free exercise case involving conditions imposed in child custody orders. The case, In re the Marriage of McSoud (Colo. Ct. App., Feb. 9, 2006), involved a dispute between a boy's father who wished to raise him as Catholic, and the boy's Protestant mother. The 3-judge panel unanimously concluded, as have courts in other states, that absent a clear showing of substantial harm to the child, a parent who does not have decision-making authority with respect to religion nevertheless retains a constitutional right to educate the child in that parent's religion. However, the harm caused by one parent's disparagement of the other's religion or of the child's religion may be a compelling state interest that justifies a limitation on that parent's right to religious education of her child. But the court will not presume that mere exposure to a second religion causes harm. Harm must be shown in detail. The court also refused to find that the trial judge's religious beliefs warranted disqualifying him from deciding the case. The Associated Press has covered the decision.