Children\u27s Beliefs and Family Law

In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents\u27. The questions for this piece are whether considering children\u27s rights independently is a good thing whether it is warranted by children\u27s actual religious preferences and whether children\u27s religious activities actually do anything measurable for the children. I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one to abandon children to their rights or otherwise suggest that children should fend for themselves without their parents\u27 help. For me, a childhood without the nurturing environment of loving parents (or at least one parent) is dismal. However, I am encouraged that the Court seems to recognize that in families with children, the children\u27s interests do need to be considered, and will not always mirror their parents\u27. Children\u27s religious attendance does seem to make measurable differences to their well-being