Do minor children have freedom of religion rights at all?
anybody know of a law?
by carla 9 Replies latest jw friends
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carla
Lawyers that help kids stay out of the jw's? One parent would would be in agreement with child.
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stevenyc
As far as I'm aware, it would become a state-by-state law. FLORIDA: Inherent in parents' authority over their unemancipated children living in their parents' household is the parents' right to require their children to attend church with them as part of the children's religious training, and neither the state nor federal constitutions entitle unemancipated minors to prevent such parent-mandated religious training on grounds that it violates the minors' religious freedom. U.S.C.A. Const.Amend. 1; West's F.S.A. Const. Art. 1, ? 3. L.M. v. State, 610 So.2d 1314 (Fla.App. 1 Dist. 1992).
Generally, it is allowed by federal law that a partent can teach their children their own brand of spiritual eductation.
But, this isn't all bad. There are limitations to what you can do in the name of religion and religious freedom. Your religious practices cannot infringe on the rights and freedom of others, including children and persons who are or have been members of the sect or group. That means that an individuals right takes precedent over religious laws. In America, the right to life, liberty and the pursuit of happiness is a higher moral law than laws of God.
This is why, with a threat of dissfellowshipping and shunning, you can take the b'stds to court.
steve
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carla
including children and persons who are or have been members of the sect or group------------
could a child joing a specific group then to stay out of jw's? and claim that is their choice of worship and a parent is refusing them their inalienable right of freedom of religion?
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daystar
could a child joing a specific group then to stay out of jw's? and claim that is their choice of worship and a parent is refusing them their inalienable right of freedom of religion?
It sounds like you have a very specific scenario in mind. Care to share the rest of the details? I think you might get a better response.
Are you asking if a minor, in the U.S.A., could choose to join a religious group without the consent of their parents? And could the parents force the minor to attend services for their own religion of choice, against the minor's wishes?
I would think the minor would have to obtain emancipation from their parents first. But that is only a guess. There are others here who are better equipped to answer.
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carla
Are you asking if a minor, in the U.S.A., could choose to join a religious group without the consent of their parents? And could the parents force the minor to attend services for their own religion of choice, against the minor's wishes?------
Basically that's what I'm asking, kid just wants to stay out of jw's and one parent agrees with child wholeheartedly! Would child have to join a different relgious group to accomplish this?
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daystar
kid just wants to stay out of jw's and one parent agrees with child wholeheartedly! Would child have to join a different relgious group to accomplish this?
I don't see why they would. A person does not have to be of any religion at all.
Are the parents married? I ask because in some cases of divorce, one parent or the other gets sole say in the religious upbringing of the child.
For example, if my ex-wife tried to take my son to a particular religious service, I could take her back to court.
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carla
Yes married, live in same house.
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daystar
Hmm, then I don't know. I suspect it would have to be up to a court to decide.
But I still don't see how the minor would have to pick some other religion just to keep from having to go to the meetings. Though I do understand where the logic of the question comes from.
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stevenyc
If this is a possible court case, remember that the court should go in the favor of what is in the child's best interest. How they arrive at that decision, would be with the help of both parties lawyers.
My recommendation would be to speak to a lawyer.
steve