Maryland Law Review Volume 63 | Issue 3 Article 4 Embracing Tradition: Pluralism in American Family Law Ann Laquer Estin Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Family Law Commons Recommended Citation Ann L. Estin, Embracing Tradition: Pluralism in American Family Law, 63 Md. L. Rev. 540 (2004) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol63/iss3/4 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact
[email protected]. EMBRACING TRADITION: PLURALISM IN AMERICAN FAMILY LAW ANN LAQUER ESTIN* Courts deciding family law disputes regularly encounter unfamil- iar ethnic, religious, and legal traditions, including Islamic and Hindu wedding celebrations, Muslim and Jewish premarital agreements, di- vorce arbitration in rabbinic tribunals, and foreign custody orders en- tered by religious courts. On one level, this is not at all surprising: millions of Americans identify themselves as members of minority cul- tural and religious traditions, including Judaism, Islam, Buddhism, Hinduism, and hundreds of others.1 At the same time, the question of multiculturalism in this context is something of a surprise, as we are used to understanding contemporary family law as secular and universal.2 This Article explores the problem of cultural and religious plural- ism in American family law, focusing on the courts' efforts to under- stand and accommodate diverse traditions in the context of specific disputes.