On September 1, 2026, the Supreme Court of the state of Maine made a ruling in a case having to do with the free exercise clause under the First Amendment of the United States Constitution. In this particular case, Bickford v. Bradeen, the Maine Supreme Court affirmed the father, Matthew Bradeen's right to have authority over religious and medical decision-making dealing with his 13-year-old daughter. The child's mother, Emily Bickford was told by the court that she was no longer able to make decisions about the child's religious or medical life without approval from the father, giving him the right to make the final decision on all matters pertaining to spirituality and the child's health.
This decision by the court was due to the fact that the mother, Emily Bickford, had taken the 13-year-old girl to church, specifically Calvary Chapel in Westbrook, where she heard teachings about the Second Coming of Christ, as well as teachings about how her father, Matthew Bradeen, would suffer for all eternity. These visits to Calvary Chapel allegedly caused the child to experience severe anxiety including panic attacks. It is also understood that Ms. Bickford failed to remove the child when the pastor led a six minute prayer talking about the separated parents and their specific dispute, naming them and the child nearly 30 times during the prayer. On many occasions where Ms. Bickford brought the girl to Calvary Chapel, Mr. Bradeen was not made aware.
Ms. Bickford also opposed vaccinating her daughter. She sued after a lower court granted Mr. Bradeen medical decision-making power, saying that the decision was in violation of her parental rights. But, the Maine Supreme Court affirmed the lower court's decision, saying it was made without bias, based on the best interest of the child, and not based on Ms. Bickford's religious convictions.
In a recent article, Matthew Staver, an attorney with the conservative Christian Group Liberty Counsel representing Ms. Bickford responded to the Maine Supreme Court's recent decision and stated the following, "This opinion goes against other state court decisions involving custody in the context of religious free exercise rights and ignores precedent from the U.S. Supreme Court. We will ask the High Court to take this case and overrule the decision." Ms. Bickford and her legal team are currently following through with the appeal.
There are a couple questions on the table in regard to this case. The first is whether or not there is a "compelling state interest" for the government to interfere with and restrict the mother's free exercise rights to take her daughter to the church that she desires and to provide the religious upbringing that she thinks best? And the second question is whether or not the court or government is treating the mother's religious beliefs and behaviors neutrally?
In response to the first question, whether or not I believe there is a "compelling state interest," we first must define what that phrase means. A "compelling state interest" is a situation in which there is a threat to "peace and good order" as explained by Thomas Jefferson. However, another definition which I believe proves useful for understanding this issue within Bickford v. Bradeen is that a "compelling state interest" is when there is a "clear and present danger" as stated in West Virginia State Board of Education v. Barnette. So do I believe that based on that definition there is a "compelling state interest" in this case? Yes, I absolutely do. The "clear and present danger" in this case is displayed by the fact that the 13-year-old daughter's mental health was at risk, suffering panic attacks and severe anxiety due to her experience at Calvary Chapel. Therefore, the court has reason for concern about the well-being of the daughter. But the second part of the question, whether or not that "compelling state interest" is enough reason to restrict the mother's free exercise rights? That adds some gray area to the situation.
I am personally of the opinion that the "compelling state interest" in this case is enough grounds for the government to interfere and place restrictions on the free exercise of the mother due to the fact that attending Calvary Chapel has cause the daughter to experience a decline in her mental health, "peace and good order" has been disrupted due to a "clear and present danger," and that danger must be addressed.
To the question of neutrality, I do believe the court is treating the mother's religious beliefs and behaviors neutrally to an extent. The claim made by the court was that the decision was made out of what they believed were the best interests of the child, however I would be remiss to say that the decision was made without prejudice whatsoever. I believe the court has exercised "facial neutrality" by taking the focus off of the mother's beliefs and choosing to rule based on the child's safety. However, making Mr. Bradeen the sole authority when it comes to the child's religious and medical life is nowhere close to neutrality by any means.
All that being said, what ruling do I believe the United States Supreme Court should land on? Ultimately, I do not believe that the Supreme Court should overrule the decision made by the Maine Supreme Court, and that Mr. Bradeen should remain the final authority when it comes to the religious and medical life of the daughter. Even though the outcome might not demonstrate neutrality, like I stated previously, the "clear and present danger" the daughter is faced with must not go unaddressed.
https://www.courts.maine.gov/courts/sjc/lawcourt/2026/26me094.pdf
https://www.lc.org/newsroom/details/090126-lc-will-ask-us-supreme-court-to-hear-no-church-case
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