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9 - Marriage Agreements and Religious Family Life

from Part III - Religious Claims in Childrearing

Published online by Cambridge University Press:  11 May 2018

By
Brian H. Bix
Edited by
Robin Fretwell Wilson
Robin Fretwell Wilson
Affiliation:
University of Illinois
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Summary

This chapter discusses premarital, marital, and separation agreements, focusing on issues that arise when these agreements contain provisions relating to religion.  The trend towards greater enforcement of these agreements generally reflects a tension in government policy: between wanting to reinforce the family unit and wanting to protect individual interests and individual liberty.  Questions regarding the enforcement of religious provisions in these agreements involve negotiating the same sorts of tensions (group interests vs. individual interests, protecting commitments vs. protecting liberty), with the additional complications created by the First Amendment objectives of free exercise and non-entanglement.
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The Contested Place of Religion in Family Law , pp. 218 - 233
Publisher: Cambridge University Press
Print publication year: 2018

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