Welker v. Welker

Hallows, J.

{concurring). I agree with the result but I do not agree with the criticism of the trial court’s statement that a home in which a firm faith in deity is professed is preferable to one in which doubt, skepticism, or agnosticism is professed. The right to believe or disbelieve in the existence of a God, protected by the First amendment of the United States constitution, has nothing to do with the point which was in issue. When the custody of a child is an issue, the court may properly take into consideration the religious or nonreligious background of either or both of the parents. This country was founded upon the concept of the existence of a Divine Creator from whom we have received certain inalienable rights. The denial of the existence of God is not a religion in the ordinary accepted meaning of that word but a denial of the foundation upon which religion rests. Morality, character, and the dignity of human nature depends upon spiritual values and the recognition of a deity. While the court may not prefer one religion or religious faith over another, it might properly decide under what circumstances a child will best receive religious and moral training..