In Bickford v. Bradeen, (ME Sup. Ct., Sept. 1, 2026), the Maine Supreme Court upheld a trial court’s decision to modify an order originally issued in 2013 that gave the separated parents of an infant daughter shared parental rights on all matters. In modifying the order, the trial court concluded that the parties were unable to co-parent on matters of the child’s religious upbringing (as well as on medical decision making for the child). The Amended Order allocated religious decision making (as well as medical decision making) to the father. The mother contended that the Amended Order’s provisions on religious decision making violated her 1st Amendment rights. The Maine Supreme Court upheld the trial court’s modifications, though on different grounds than the trial court used. The Supreme Court said in part:
… [W]e determine that the [trial] court erred by applying strict scrutiny. We instead conclude that courts may always use the best-interest standard to allocate parental rights between two parents, and that the Constitution protects the religious rights of parents by prohibiting religious bias or hostility from influencing a court’s best-interest analysis.
The Maine Supreme Court described the evidence that led to the trial court’s conclusion:
[The mother, Emily] Bickford started attending church services at Calvary Chapel Greater Portland in May 2021, bringing the child to multiple services per week….
… Calvary Chapel teaches the Bible “verse by verse, chapter by chapter.” This entails sermons that include … “quite vivid description[s]” of Hell…. [The church’s pastor] testified that he preaches about the “Second Coming of Christ,” which will involve “seven years of . . . pure hell on earth under the persecution of … the Antichrist” for those who have not “accept[ed] the terms of God.”
The child has experienced fear and anxiety associated with these teachings. The child has asked [her father, Mathew] Bradeen a lot of questions about Heaven and Hell and about why Bradeen and his other child would not be in Heaven with her. The child has left notes around Bradeen’s house because she fears that the Second Coming is approaching and that Bradeen will be left behind. The child has experienced panic attacks related to these topics.
Bradeen reached out to Bickford to express his concerns…. Bickford’s response was that she lives under God’s law, not the state’s law. Bickford does not believe the child is, or should be, experiencing any anxiety, because she and the child “just pray” and “give it to God.”…
In a press release, Liberty Counsel that represents the mother said it will petition The U.S. Supreme Court for review. AP reports on the decision.