“More Discrimination in Child Custody Cases Against the Less Religiously Practicing Parent”

Eugene Volokh writes at the Volokh Conspiracy about a recent decision in “Stavig v. Stavig, No. 05-0464 (S.D. Cir. Ct. Aug. 28, 2008), recently affirmed by the South Dakota Supreme Court.”

Volokh concludes: “It seems to me, though, that the First Amendment keeps the government — including courts — from taking a stand on this in deciding people’s parental rights, at least in the absence of actual evidence of imminent harm to the child (as opposed to speculation about whether religiosity is good or bad).”