Birch v. Birch

The principal question raised in the case sub judice is whether appellant’s right to the free exercise of religion, as secured by the First and Fourteenth Amendments to the United States Constitution, was violated when her religious practices were considered in making a custody determination concerning her minor children. Appellant maintains that, absent proof of actual harm to the children, she may not be deprived of custody if the custody determination is motivated by appellant’s religious practices.

The First Amendment has never been interpreted as an absolute proscription on the…