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The Contested Place of Religion in Family Law

$125.00 (C)

Orrin Hatch, Robin Fretwell Wilson, Elizabeth Sepper, Michael A. Helfand, Michele Bratcher Goodwin, Mark L. Rienzi, Gregory M. Lipper, Eric Rassbach, James G. Dwyer, Brian H. Bix, Margaret F. Brinig, Merle H. Weiner, Paul A. Offit, Shaakirrah Sanders, Kari E. Hong, Robin B. Kar, John Witte, Jr, Maura Irene Strassberg, Richard L. Kaplan, Naomi Cahn, Amy Ziettlow, J. Stuart Adams, Anthony Michael Kreis, William N. Eskridge, Jr, Patrick M. Parkinson, Karin Carmit Yefet, Arianne Renan Barzilay, Asma T. Uddin
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  • Date Published: May 2018
  • availability: Available
  • format: Hardback
  • isbn: 9781108417600
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About the Authors
  • Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.

    • The first book to explore the implications of Obergefell v. Hodges and Burwell v. Hobby Lobby since the election of President Trump
    • Covers some of the most intractable and pressing social conflicts in American culture today, including faith healing, access to contraceptives, respect for minority cultures in public spaces, home schooling, the 'right' kind of marriage, claims of religious objectors not to facilitate access to emergency contraceptives, and civil marriage
    • The authors utilize a wide range of analytical tools including: economic theory, constitutional law, social science analysis, empirical methods, historical examination of the law's development, and comparative perspectives from other countries (Israel, Australia, France, and various parts of Europe)
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    Reviews & endorsements

    ‘This book provides a comprehensive look at the tensions between equal rights and religious freedom. It examines not only the ongoing legislative and court battles over access to marriage, but further identifies the battles on the horizon over contraception, polygamy, circumcision, end of life decision-making, premarital agreements, divorce provisions about children's religious upbringing, vaccinations, corporal punishment and similar matters rarely included in other works on law, religion, and the family. It is an exceptionally rich and timely collection.' June Carbone, Robina Chair in Law, Science, and Technology, University of Minnesota Law School

    ‘In this volume, an all-star cast of contemporary thinkers provide a timely and important conversation on an issue of great complexity and urgency, the intersection of religion, law, and family. This book will be essential reading to understand where we are.' Kyle Harper, Senior Vice President and Provost, Professor of Classics and Letters, University of Oklahoma

    'The Contested Place of Religion in Family Law is an important and valuable book. Over the course of almost 700 pages, essays from a variety of different perspectives address many different contexts and issues that bring religion, religious liberty, and family law into contact and often conflict. … Scholars of family law and law and religion will benefit from the collection’s comprehensiveness and from excellent scholarship exploring facets of the relationship between religion and family that may at times be unfamiliar. The book is also an invaluable resource for anyone seeking an overview of the connections between religion, religious liberty, and family law, and it provides all readers with deep engagement on specific topics. A book of this length and scope is ambitious, and this collection delivers on its promise.' Kathleen Brady, Oxford Review

    'The Contested Place of Religion in Family Law dialogue also highlights the need to evaluate harm on both sides of the ledger. This includes consideration of harm that results when religious individuals or organizations are not accommodated. In the pharmaceutical or medical context, for example, lack of accommodations may ultimately result in less providers and less organizations willing to provide care … Lack of religious accommodations in the adoption or foster care context may result in less agencies finding homes for children in need. The family, as a microcosm of our broader society, provides a familiar context in which to evaluate many of these pressing concerns regarding religious accommodations. The Contested Place of Religion in Family Law provides an important discussion highlighting a range of perspectives on these issues, and it will likely serve as a valuable contribution for years to come.' Stephanie Barclay, Family Law Quarterly

    'It is no accident that there are a broad range of issues for this volume to address. It addresses them well, and readers with an interest in religion, religious liberty, or family life will benefit from this book.' Douglas Laycock, Journal of Church and State

    '… this volume provides a lot of important evidence and argument for those who are re-thinking specific controversies in family law or attempting to re-imagine the basic concepts of family law such as the nature of marriage. Prof. Wilson’s attempt to balance views on some of these contested issues and the mix of theoretical, historical, and empirical work that the authors bring to bear is a welcome addition to the literature in this field.' Marie Failinger, University of Illinois Law Review Online

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    Customer reviews

    23rd Mar 2018 by GalAmir

    'The Contested Place of Religion' draws a picture of the contemporary front in the religious battlefields of family law worldwide. In these turbulent times, between the Burwell v. Hobby Lobby and Obergeffel v. Hodges rulings of the US Supreme Court, in the aftermath of Trump's election, the book uses religion as the background for a profound discussion of questions that affect the very fabric of every person's life, from one's very inception, to making decisions at the end of life. The book asks - what is a family? What is marriage? To what extent should the state intervene? To what extent can parents make decisions for their minor children? What constitutes a proper family structure? The book presents a variety of opinions and articles courageously relating to the most controversial issues in the public arena - polygamy, abortion, circumcision for minor males, drawing a fascinating and up-to-date picture of the most significant public debate taking place today. Masterfully edited by Professor Robin Fretwell Wilson of the University of Illinois, the book includes a plethora of essays by first-rate academics and lecturers in the United States. But the book also brings articles from various parts of the world, which expand the books' scope of review, and provide an important comparative perspective. The book is recommended as a snapshot that documents and maps the situation today, but also provides a historical and comparative overview, and includes a large number of future insights and forecasts. The book is an important contribution to contemporary research, which should be in the library of academics, decision makers, and anyone who wants to understand the changing face of society in the United States today.

    Review was not posted due to profanity


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    Product details

    • Date Published: May 2018
    • format: Hardback
    • isbn: 9781108417600
    • length: 740 pages
    • dimensions: 234 x 160 x 43 mm
    • weight: 1.16kg
    • availability: Available
  • Table of Contents

    Foreword Senator Orrin Hatch
    Introduction Robin Fretwell Wilson
    Part I. The Foundations and Boundaries of Religious Liberty:
    1. The risky business of RFRAs after Hobby Lobby Elizabeth Sepper
    2. Religion and the family in the wake of Hobby Lobby Michael A. Helfand
    Part II. Religious Claims at Birth:
    3. Religious exceptionalism and religiously motivated harm Michele Bratcher Goodwin
    4. Contraceptive access and religious liberty: can we afford to protect both? Mark L. Rienzi
    5. The contraceptive-coverage cases and the problem of politicized free-exercise lawsuits Gregory M. Lipper
    6. The substantial burden question: secular tools for secular courts Michael A. Helfand
    7. Coming soon to a court near you: male circumcision in religious families in Europe and the United States Eric Rassbach
    Part III. Religious Claims in Childrearing:
    8. The easiest accommodation: abandoning other people's children to their parents' religious views James G. Dwyer
    9. Marriage agreements and religious family life Brian H. Bix
    10. Religious parents who divorce Margaret F. Brinig
    11. Regulating the relationship between parents: moving beyond marriage and custody law Merle H. Weiner
    12. Bad faith: when religious beliefs imperil children Paul A. Offit
    13. By faith alone: when religious beliefs and child welfare collide Robin Fretwell Wilson and Shaakirrah Sanders
    Part IV. Rethinking Marriage after Obergefell:
    14. After Obergefell: locating the contemporary state interest in marriage Kari E. Hong
    15. Transformational marriage: how to end the culture wars over same-sex marriage Robin B. Kar
    16. Divorcing marriage and the state post-Obergefell Robin Fretwell Wilson
    17. Why no polygamy John Witte, Jr
    18. Scrutinizing polygamy under religious freedom restoration acts Maura Irene Strassberg
    Part V. Religious Claims at End of Life:
    19. Religion and advance medical directives: formulation and enforcement implications Richard L. Kaplan
    20. Personal religious identity at the end of life Naomi Cahn and Reverend Amy Ziettlow
    Part VI. Shaping the Legal Culture of the Family:
    21. Taking colliding trains off a collision path: lessons from the Utah compromise for civil society J. Stuart Adams
    22. Family law and civil rights movements: examining the influence of courts and legislatures on racial and sexual orientation equality Anthony Michael Kreis
    23. Latter-day constitutionalism: sexuality, gender, and Mormons William N. Eskridge, Jr
    Part VII. International Perspectives:
    24. The future of marriage in secular societies Patrick M. Parkinson
    25. A tale of fragmentation and intertwinement: the sacred and the secular systems for forming and dissolving marriages in Israel Karin Carmit Yefet and Arianne Renan Barzilay
    26. Religious modesty for women and girls: a comparative analysis of legal protections in France and the United States Asma T. Uddin.

  • Editor

    Robin Fretwell Wilson, University of Illinois
    Robin Fretwell Wilson is the Roger and Stephany Joslin Professor of Law, and Director of the Program in Family Law and Policy, at the University of Illinois College of Law.


    Orrin Hatch, Robin Fretwell Wilson, Elizabeth Sepper, Michael A. Helfand, Michele Bratcher Goodwin, Mark L. Rienzi, Gregory M. Lipper, Eric Rassbach, James G. Dwyer, Brian H. Bix, Margaret F. Brinig, Merle H. Weiner, Paul A. Offit, Shaakirrah Sanders, Kari E. Hong, Robin B. Kar, John Witte, Jr, Maura Irene Strassberg, Richard L. Kaplan, Naomi Cahn, Amy Ziettlow, J. Stuart Adams, Anthony Michael Kreis, William N. Eskridge, Jr, Patrick M. Parkinson, Karin Carmit Yefet, Arianne Renan Barzilay, Asma T. Uddin

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