Abstract
Interfaith marriage is common in the US, about half of all married couples in the US. When couples file for divorce, the religion of minor children can become one of the contentious issues that require court intervention. In the US, there is separation of state and church. The Establishment Clause prevents judges from preferring one religion over another. The judges are supposed not to let their personal preferences play a role in their custody determination. As to religion, the focus is supposed to be on the effect of the practice of the religion on the child. The popularity of the religion and whether it is a majority or minority religion is not supposed to play a role in court decisions regarding the upbringing of children. Previous research shows Muslims are victims of negative stereotypes and judges are not immune from biases and prejudices.
To determine if Islam is a disfavored religion in religious custody disputes, we focus on Wayne County, Michigan. Wayne County has one of the largest concentrations of Muslim and Arab Americans in the country. To answer this question, we interview Muslim clergy and Family law lawyers with significant Muslim clientele.
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