Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, June 13, 2005

Biology vs. Community

What happens when an Amish woman has an affair with her non-Amish employer, producing a child whom both want to raise as their own? The answer's unclear, but here's the story (registration req'd). Shared custody won't help much, as the father's rights will preclude the all-encompassing community experience at the core of Amish identity. One disturbing item from the article is the suggestion by the father's attorney that the custody determination should be driven by the harm accompanying an Amish upbringing -- i.e., the child's best interests lie with the non-backward folks. I'm not sure how effective that strategy will prove with the courts; apparently the attorney has never read Justice Rehnquist's glowing descriptions of the Amish in Yoder. In any event, it's a sad case, however it turns out.

Rob

https://mirrorofjustice.blogs.com/mirrorofjustice/2005/06/biology_vs_comm.html

Vischer, Rob | Permalink

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