Free Exercise Claim As To DNA Testing Rejected On Procedural Grounds

In In re My'kavellie E., (OH Ct. App., Dec. 31, 2007), an Ohio appellate court rejected a free exercise claim made by a putative father in a custody suit. Manley E. argued that his religious rights were violated when the trial court ruled that the sole proof of paternity could be DNA testing. Appellant said that submitting to genetic testing would be a de facto denial of paternity that would violate his Islamic beliefs. The appellate court rejected the claim, saying that neither the trial court nor the appellant's trial attorney had knowledge of why Manley E. refused to submit to genetic testing. Nevertheless, the appellate court on other grounds reversed the putative father's dismissal from the custody action.