In re Adoption of E: First Amendment Rights and Religious Inquiry in Adoption Proceedings

The New Jersey Supreme Court decision, In re Adoption of E, represents an effort to define what considerations are to be given the religious beliefs of prospective adoptive couples in the screening process of the adoption courts. The majority opinion is emphatic in spelling out what courts cannot do. In overruling the lower court's decision, it was held that the first amendment prohibits the denial of a couple’s adoption request solely because the court disapproves of their religious beliefs. Though holding that a couple's religion cannot be a controlling factor in an adoption denial, the court did not see religion as totally irrelevant to adoption proceedings. Adoption courts are instructed that inquiries into religious beliefs are permissible as an aid in determining if a couple is morally fit to adopt. The question remaining is whether or not this proscribed use of religious inquiry, even with its narrow purpose, is constitutional. The New Jersey Supreme Court gave this question virtually no consideration. As a result, the New Jersey Court has ignored and left unjustified the inevitable chilling effect religious inquiry has on the free exercise of religion of couples seeking to adopt. This failure raises grave doubts about the constitutionality of the inquiry.