Shepp v. Shepp: The Right of Parents in Pennsylvania to Advocate Religious Views that would Constitute a Crime if Acted Upon
Shepp v. Shepp: The Right of Parents in Pennsylvania to Advocate Religious Views that would Constitute a Crime if Acted Upon
Michelle L. Groleau, 17 Widener L.J. 521 (2008)
In Shepp v. Shepp, the Supreme Court of Pennsylvania made it more difficult for a parent to prevent the other parent from advocating illegal religious practices to minor children. Specifically, a mother was unable to prevent the father of her child from teaching the child, and potentially encouraging the child to later engage in, polygamy. This decision seemed to sharply part from the usual best interest of the child analysis used in child custody cases in Pennsylvania.
Part II of this survey examines the two Supreme Court of the United States decisions that are discussed in Shepp v. Shepp. It also briefly discusses the Pennsylvania law relevant to the case. Part III analyzes the majority, concurring, and dissenting opinions in Shepp v. Shepp. Part IV argues that the restriction preventing the father from advocating polygamy to his child should have been upheld. It criticizes the majority opinion for not providing the trial court with the broad discretion it needs when making determinations of a child’s best interest and for ignoring the factual findings that support the trial court’s decision to limit the advocacy. Part V provides a brief summary of this survey.