Custody Order Violates Establishment Clause

In Rosenstein v. Rosenstein, (TX App., Aug. 11, 2011), a Texas appeals court held that in a divorce action, the trial court violated the mother's Establishment Clause rights when, in an amended decree, it awarded the father exclusive possession of the couple's children on four Jewish religious holidays, and on every Sunday morning.  The wife argued, in part, that this precluded her from having an opportunity to furnish her children religious education on Sunday, her primary day for attending church. The decree awarded the wife possession of the children on Thanksgiving, Christmas, New Year's day and Easter.  However, the father's religious holiday rights took precedence, so that conflicts between Passover and Easter, or Hanukkah and Christmas, would result in the father having the children on those days.  In reaching its conclusion, the court quoted an earlier state appeals court decision holding that "it is a fundamental principle that the State cannot prefer the religious views of one parent over the other in deciding the best interest of a child."