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Chapter 1: Problem 13

A legal decision supporting the religious preference of a father over that of a mother might be defended plausibly by arguing that A. a father has the right to educate his children in any religion he chooses. B. a father does not have the right to choose the religion of his children. C. a father's religious preference may be supported constitutionally as long as one religion is not preferred. D. the courts are reluctant to intervene in cases involving children's religious rights. E. the courts are reluctant to intervene in cases involving the conflict of two different religions.

Short Answer

Expert verified
The most plausible defense for a legal decision supporting the religious preference of a father over that of a mother might be argued by maintaining that a father's religious preference may be constitutionally supported as long as one religion is not preferred (Option C).

Step by step solution

01

Understanding the Options

Look through each of the options and understanding what they imply in the context of the exercise. Discard any options that do not line up with the principles of the law, constitution, safeguards of parental, and religious rights.
02

Analyzing Option A

Option A implies that a father has the absolute right to choose the religion for his children. This is fundamentally not supported by law or constitution as it neglects the rights and choices of the other parent and possibly the child itself. Therefore, this option is not plausible.
03

Analyzing Option B

Option B states the opposite, that a father does not have any right to choose the religion of his children. This is also incorrect because a father as a parent has rights in the religious upbringing of the child when done mutually with the other parent.
04

Analyzing Option C

Option C suggests that a father's religious preference may be supported constitutionally as long as it does not favor one religion over another. This seems plausible as it respects the principles of law that respect religious freedom and non-discrimination among religions. The defense could be that the religious preference in question does not promote one religion as superior.
05

Analyzing Option D

Option D implies that courts are hesitant to intervene in children's religious rights. While this holds some truth, it may not stand as a strong defense for a decision favoring a father's preference. The courts can and will intervene when necessary to protect the best interest of the child.
06

Analyzing Option E

Option E implies that courts avoid intervening in conflicts between two different religions. This is not necessarily true and cannot be used as a solid defense as courts are bound to intervene, where necessary, to protect individual and communal rights.

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