My spouse and I made an agreement to raise our children a certain religion. Is this agreement binding? The answer to this question is very simple. No, such agreements are not binding. This includes agreements memorialized in writing. The reason that they are not enforceable is that they violate one’s First Amendment rights of freedom of religion.
The Court in Marriage of Weiss ruled that enforcing such agreements would “encroach upon a parent’s inalienable First Amendment right to free exercise of religion.” The Court further added that one has the right to change his or her “religious beliefs and to share those beliefs with their children.”
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