tazzygirl
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Joined: 10/12/2007
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Uh, honey, you do realize thats an article from 1970, yes?
Not only that, but the NJ Supreme Court overruled the lower courts opinion on matters of atheists adopting.
In any event, adoptions should be dealt with in a highly individualistic manner rather than on the basis of speculative and sweeping generalizations; they should not be denied because the applicants belong to a class which statistically shows a greater propensity for some unfortunate trait. To deny an adoption, the court must find evidence of that trait or find some other damaging evidence in the individual applicants. Applicants for the adoption of children stand before the judge as individuals and must be judged on their own merits.
Finally, the court appointed amicus curiae suggests that the likelihood that a child of nonbelievers will be ostracized serves as a valid secular reason for denying adoptions to them. Even assuming that nonbelievers are shunned by some elements of the populace, most minority groups suffer or in the past have suffered the same penalty. Yet, absent special circumstances, no one would contend that members of a minority group should be denied the opportunity to adopt a child on that basis.
One other point deserves mention. The concurring opinion finds our holding that religion may be a factor in adoption proceedings as objectionable on constitutional grounds as the trial court's holding that it may be the sole factor. That conclusion, of course, rests on the premise that the entire area of ethics and beliefs is irrelevant in adoption proceedings. If it is relevant, as we firmly believe it is, then questions concerning religion as it bears on ethics are not constitutionally forbidden because they serve a valid secular purpose. As stated above, such questions may be evidential of moral fitness to adopt in relation to how the applicants will conduct themselves as adopting parents.
In view of what we have said above, it is unnecessary for us to consider plaintiffs' further contentions that the trial court's decision denied both them and the child "E" equal protection and due process of law.
The judgment of the trial court is reversed. Since the sole ground for denying the adoption was the Burkes' beliefs regarding religion and it is clear from the record that they are otherwise fit, we grant the adoption in the exercise of our original jurisdiction. See R. 2:10-5; In re Adoption by B, supra, 63 N.J. Super. at 104.
Judgment is entered in accordance with this opinion.
http://www.americanadoptions.com/adoption/article_view/article_id/2435?pg=1
< Message edited by tazzygirl -- 4/22/2010 10:31:13 PM >
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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.
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RE: National Day of Prayer - 
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