Sagar v. Sagar
Appeals Court of Massachusetts
781 N.E.2d 54 (2003)
Sejal and Mahendra Sagar, who divorced after Mr. Sagar was found to have physically and mentally abused Mrs. Sagar, shared joint legal custody of their daughter and agreed to raise her Hindu, but disagreed over whether she should undergo Chudakarana, a head-shaving ritual meant to promote good health that had to occur before age three (or later if the father atoned). Mr. Sagar wanted the ritual performed, invoking his right to free exercise of religion; Mrs. Sagar objected, questioning both its necessity and her husband's sincerity. The trial court ordered the decision delayed until the child was old enough to decide for herself, seemingly reasoning Mr. Sagar's motive was more about control than sincere belief, and an appeal followed.
Whether, where parents disagree over their child's participation in a religious ritual, delaying the decision until the child is old enough to make it herself is an appropriate way to avoid infringing the parents' rights to free exercise of religion and due process.