Background of the Case
Emily Bickford, a mother from Maine, is in a court struggle over whether she can bring her daughter to church. This case may soon reach the U.S. Supreme Court, raising issues about parental rights, religious freedom, and family courts’ authority over a child’s religious activities during custody disputes.
Bickford claims that a judicial order stopping her from taking her daughter to church breaches her rights under the First and Fourteenth Amendments. However, Maine’s highest court has denied these claims, stating the restrictions were aimed at protecting the child’s welfare, not due to religious hostility.
Emily Bickford’s Argument
Bickford is embroiled in a prolonged custody battle with her former partner, Matthew Bradeen, focusing on decisions regarding their teenage daughter. The dispute has escalated from typical parenting disagreements to include issues about religion, medical choices, and parenting authority.
The focal point is Calvary Chapel in Westbrook, Maine, where Bickford practices her faith. In December 2024, a Maine district court issued a custody order barring Bickford from taking her daughter to this church, giving Bradeen sole control over her involvement with Calvary Chapel. They maintain joint decision-making for other religious organizations.
Bickford asserts the order illegally prevents her from raising her daughter with Christian principles. Through Liberty Counsel, she argues she is a capable parent who has never been abusive or neglectful, and government should not dictate if a child can join in a parent’s religious activities.
Judicial Perspectives and Implications
Liberty Counsel founder Mat Staver is leading Bickford’s legal team, framing the case around essential constitutional rites. Post the Maine Supreme Judicial Court’s decision, Staver stated, “The decision denies a fit parent’s First Amendment right to raise her child in accordance with her Christian faith.”
Bickford’s allies highlight that her daughter purportedly wants to attend church and keep connections with church friends. Liberty Counsel insists the restrictions have barred the daughter from participating in religious activities for nearly two years.
With broader implications, the case draws attention from religious-liberty groups, questioning when courts can step into parental disputes about a child’s religious upbringing. Newsweek has requested a comment from Liberty Counsel.
Maine Supreme Court’s Decision
On September 1, Maine’s Supreme Judicial Court upheld the lower court’s ruling, dismissing Bickford’s constitutional arguments and affirming that the trial judge acted within family law boundaries.
The court rejected Bickford’s claim that the custody order was against Christianity, emphasizing that trial findings were based on evidence of harm to the child’s relationship with her father, not religious disagreement.
The ruling highlighted the exposure of the child to messages portraying Bradeen negatively, potentially alienating daughter from her father. This included sermons dealing with themes like heaven and hell leading to anxiety.
It emphasized that family courts routinely resolve parental disagreements about children, with this case revolving around specifics of evidence and child welfare.
Potential Supreme Court Review
Liberty Counsel plans to petition the Supreme Court, arguing the case concerns crucial nationwide questions about parental rights and religious freedom. They claim the lower courts wrongly punished a mother for practicing her faith and allowed governmental interference with religious upbringing decisions usually left to parents.
Petitioners need to show involvement of a significant constitutional issue, or divergent court opinions on the same legal matter, prompting Supreme Court interest.
Bickford’s representatives will likely argue conflicts between the Maine ruling and other state court decisions regarding religion in custody cases, warranting Supreme Court intervention.
Opponents emphasize Maine court’s focus on the child’s emotional well-being, parental dispute impact, and concerns of father-alienation rather than objection to Christianity. The Maine ruling holds as of now, with potential Supreme Court involvement shaping the balance between parental authority, religious freedom, and child welfare in custody contexts.