Religious Rights of Children: A Gallery of Judicial Visions
What do a child’s religious rights “look like”? A review of the Supreme Court’s opinions on the subject discloses not a clear or consistent picture, but shifting and various conceptions of children’s rights under the religion clauses of the first amendment. This article will examine the reasons for – and the results of – this variety of visions of the shape of a child’s religious rights.
In general, the Supreme Court has crafted constitutional rights for children that bear little resemblance to those styled for adults from the same constitutional provisions. While an adult’s abortion right may be circumscribed only by health regulations and her own financial resources, the state may impose additional restrictions, such as a requirement of parental consent or judicial approval, on a minor seeking to exercise the identical right. In the field of criminal law, separate justice systems have been established for juvenile and adult offenders. And compulsory education laws uniquely and sharply limit the liberty of minors to an extent unparalleled by any government restriction on adults.
The Court has drawn a set of constitutional rights for children to match its own perceptions of their unique needs. In delineating special constitutional rights for children, the Court has noted, for example, that the “peculiar vulnerability” of children justifies special judicial consideration; because of their dearth of strength and maturity, children are protectively excluded from manytraditional forms of power such as legal and commercial action. Similarly, the Court has cited children’s “lack of experience, perspective, and judgment” as reasons for limiting their “freedom to choose for themselves” in important matters.
“We Can't Tolerate that Behavior in this School!”: The Consequences of Excluding Children with Behavioral Health Conditions and the Limits of the Law
The disciplinary exclusion of children with behavioral health conditions is rampant in public schools in the United States. The practice of suspending and expelling students with behavioral challenges, caused in part by a lack of understanding of the causes of
Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit
In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is
Can the Child Welfare System Protect Children without Believing What They Say
This article reviews research on suggestibility and the capacity of adults to detect lies in children and proposes ways to improve child welfare determinations
U.S. Elections 2020: Where and How Do We Draw a Constitutionally Permissible Line to a Candidate's Inflammatory Political Rhetoric?
"It's important to note that scholars have long observed that political discourse and political events can contribute to the frequency of bias incidents. In fact, this phenomenon has a name today. It's called the Trump Effect."