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Keywords

trial

trialdivorce

Related Cases

Shepp v. Shepp, 588 Pa. 691, 906 A.2d 1165

Facts

Stanley M. Shepp and Tracey L. Shepp were married in June 1992 and converted to the Mormon faith. They had a daughter, Kaylynne, born in February 1993. After separating in April 2000 and divorcing in February 2001, the father sought shared custody of Kaylynne. The trial court initially granted joint legal custody but prohibited the father from teaching Kaylynne about polygamy, citing concerns over his beliefs and past statements made to his stepdaughter regarding polygamy. The father argued that he should be allowed to share his religious beliefs with his daughter.

Stanley M. Shepp (Father) and Tracey L. Shepp, a/k/a Tracey L. Roberts (Mother) married in June of 1992. They converted to the Mormon faith prior to their marriage. Their child, Kaylynne Marie Shepp (Kaylynne), whose custody is at issue in this case, was born on February 3, 1993. The parties separated in April of 2000, and they divorced in February of 2001. Shortly after the divorce, the Mormon Church excommunicated Father because he is a fundamentalist who believes in polygamy.

Issue

Whether a court can prohibit a parent from advocating religious beliefs that, if acted upon, would constitute a crime, and under what circumstances such a prohibition is justified.

We granted allocatur in this case to consider the extent to which courts can limit parents from advocating religious beliefs that, if acted upon, would constitute criminal conduct.

Rule

A court may restrict a parent's advocacy of religious beliefs only if it is established that such advocacy poses a grave threat to the child's physical or mental health or safety.

A court may prohibit a parent from advocating religious beliefs, which, if acted upon, would constitute a crime; however, it may do so only where it is established that advocating the prohibited conduct would jeopardize the physical or mental health or safety of the child.

Analysis

The court analyzed the father's beliefs and past behavior, noting that while he expressed a desire to teach his daughter about polygamy, there was no evidence presented that this would harm her. The trial court had found no grave threat to the child, and the Superior Court's contrary conclusion was deemed an improper substitution of judgment. The court emphasized that the illegality of polygamy alone does not justify restricting a parent's speech unless it can be shown that such speech would cause harm.

In the instant matter, the trial court determined that Father believed in polygamy, and that acting on that belief 'would be not only illegal in Pennsylvania, but would also be immoral and illogical.' The court noted that Father had approached his stepdaughter and 'informed her that she would go to hell if she did not believe in polygamy,' and that the stepdaughter recalled that Father 'had suggested that when she became of age, that they would perhaps be married.' Nevertheless, the trial court stated that there was, 'no evidence of a grave threat to the child in this case.'

Conclusion

The Supreme Court reversed the Superior Court's order, allowing the father to teach his daughter about polygamy, as there was no evidence that doing so would pose a threat to her well-being.

For these reasons, we conclude that a court may prohibit a parent from advocating religious beliefs, which, if acted upon, would constitute a crime. However, pursuant to Yoder, it may do so only where it is established that advocating the prohibited conduct would jeopardize the physical or mental health or safety of the child, or have a potential for significant social burdens.

Who won?

Father prevailed in the case because the court found that there was insufficient evidence to restrict his constitutional right to discuss his religious beliefs with his daughter.

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