Family Law's Challenge to Religious Liberty

Authors

Raymond C. O'Brien, The Catholic University of America, Columbus School of LawFollow

Document Type

Article

Publication Date

2012

Abstract

This Article argues that challenges made to family law structures have provoked a significant reaction from persons and religious organizations advocating a distinctive worldview based on religious and historical values. Additionally, as family law changes from being a product of a religioushistorical worldview to being a product of private-ordering, the religious liberty of worldview adherents has been challenged. The struggle is apparent in the debates during the 2012 presidential election and is evidenced in government mandates that include, among other requirements, that employersincluding religious organizations-provide insurance coverage for employees that include contraception. Although many aspects of family law have been challenged by private-ordering, this Article will focus on four developments: divorce, marriage, adoption, and parentage. When addressing each of these, this Article will analyze the progression from what had been the standard for centuries, and then the challenges made by private-ordering. Then this Article will analyze the reaction to this challenge by worldview adherents.

Recommended Citation

Raymond C. O'Brien, Family Law's Challenge to Religious Liberty, 35 U. ARK. LITTLE ROCK L. REV. 3 (2012).