Magazu and the Expansion of Agency Power


May a couple’s childrearing practices, which are not illegal and are deeply rooted in their sincere religious convictions, disqualify them from becoming foster and pre-adoptive parents?  In the closely watched case Magazu v. Department of Children and Families,[i] the Justices unanimously answered “yes.”  Here, I argue that while Magazu may have been correctly decided, the Court’s analysis has troubling implications for the expansion of agency power.

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