Wiccan Parents Banned From Teaching Son About Wicca

[The Bookwyrm]

A friend of mine pointed me out to this article on Frak.com, and I thought I had to pass this along. You can read it here, or in the page. It's the 4th post down here, or below.

Judge: Parents can't teach pagan beliefs

Father appeals order in divorce decree that prevents couple from exposing son to Wicca.

-- Star report

By Kevin Corcoran
kevin.corcoranindystar.com

An Indianapolis father is appealing a Marion County judge's unusual order that prohibits him and his ex-wife from exposing their child to "non-mainstream religious beliefs and rituals."

The parents practice Wicca, a contemporary pagan religion that emphasizes a balance in nature and reverence for the earth.

Cale J. Bradford, chief judge of the Marion Superior Court, kept the unusual provision in the couple's divorce decree last year over their fierce objections, court records show. The order does not define a mainstream religion.

Bradford refused to remove the provision after the 9-year-old boy's outraged parents, Thomas E. Jones Jr. and his ex-wife, Tammie U. Bristol, protested last fall.

Through a court spokeswoman, Bradford said Wednesday he could not discuss the pending legal dispute.

The parents' Wiccan beliefs came to Bradford's attention in a confidential report prepared by the Domestic Relations Counseling Bureau, which provides recommendations to the court on child custody and visitation rights. Jones' son attends a local Catholic school.

"There is a discrepancy between Ms. Jones and Mr. Jones' lifestyle and the belief system adhered to by the parochial school. . . . Ms. Jones and Mr. Jones display little insight into the confusion these divergent belief systems will have upon (the boy) as he ages," the bureau said in its report.

But Jones, 37, Indianapolis, disputes the bureau's findings, saying he attended Bishop Chatard High School in Indianapolis as a non-Christian.

Jones has brought the case before the Indiana Court of Appeals, with help from the Indiana Civil Liberties Union. They filed their request for the appeals court to strike the one-paragraph clause in January.

"This was done without either of us requesting it and at the judge's whim," said Jones, who has organized Pagan Pride Day events in Indianapolis. "It is upsetting to our son that he cannot celebrate holidays with us, including Yule, which is winter solstice, and Ostara, which is the spring equinox."

The ICLU and Jones assert the judge's order tramples on the parents' constitutional right to expose their son to a religion of their choice. Both say the court failed to explain how exposing the boy to Wicca's beliefs and practices would harm him.

Bristol is not involved in the appeal and could not be reached for comment. She and Jones have joint custody, and the boy lives with the father on the Northside.

Jones and the ICLU also argue the order is so vague that it could lead to Jones being found in contempt and losing custody of his son.

"When they read the order to me, I said, 'You've got to be kidding,' " said Alisa G. Cohen, an Indianapolis attorney representing Jones. "Didn't the judge get the memo that it's not up to him what constitutes a valid religion?"

Some people have preconceived notions about Wicca, which has some rituals involving nudity but mostly would be inoffensive to children, said Philip Goff, director of the Center for the Study of Religion & American Culture at Indiana University-Purdue University Indianapolis.

"Wiccans use the language of witchcraft, but it has a different meaning to them," Goff said. "Their practices tend to be rather pacifistic. They tend to revolve around the old pagan holidays. There's not really a church of Wicca. Practices vary from region to region."

Even the U.S. military accommodates Wiccans and educates chaplains about their beliefs, said Lawrence W. Snyder, an associate professor of religious studies at Western Kentucky University.

"The federal government has given Wiccans protection under the First Amendment," Snyder said. "Unless this judge has some very specific information about activities involving the child that are harmful, the law is not on his side."

At times, divorcing parents might battle in the courts over the religion of their children. But Kenneth J. Falk, the ICLU's legal director, said he knows of no such order issued before by an Indiana court. He said his research also did not turn up such a case nationally.

"Religion comes up most frequently when there are disputes between the parents. There are lots of cases where a mom and dad are of different faiths, and they're having a tug of war over the kids," Falk said. "This is different: Their dispute is with the judge. When the government is attempting to tell people they're not allowed to engage in non-mainstream activities, that raises concerns."

Indiana law generally allows parents who are awarded physical custody of children to determine their religious training; courts step in only when the children's physical or emotional health would be endangered.

Getting the judge's religious restriction lifted should be a slam-dunk, said David Orentlicher, an Indiana University law professor and Democratic state representative from Indianapolis.

"That's blatantly unconstitutional," Orentlicher said. "Obviously, the judge can order them not to expose the child to drugs or other inappropriate conduct, but it sounds like this order was confusing or could be misconstrued."

The couple married in February 1995, and their divorce was final in February 2004.

As Wiccans, the boy's parents believe in nature-based deities and engage in worship rituals that include guided meditation that Jones says improved his son's concentration. Wicca "is an understanding that we're all connected, and respecting that," said Jones, who is a computer Web designer.

Jones said he does not consider himself a witch or practice anything resembling witchcraft.

During the divorce, he told a court official that Wiccans are not devil worshippers. And he said he does not practice a form of Wicca that involves nudity.

"I celebrate life as a duality. There's a male and female force to everything," Jones said. "I feel the Earth is a living creature. I don't believe in Satan or any creature of infinite evil."  

[Quadadiddle]

I would've dehyrdated myself, then pee'd on the Judges Lexus so that my undiluted urine would eat through the paint.

That's such bullshit, I cannot believe that a judge would make such a decision. I would take it to the Supreme Court or at least something else.

This is why I can't stand this country. There's nothing promising about it. Sure, our Constitution sounds all nice, but hardly does anyone follow it.

I feel bad for the child, also.  

[Jameta]

I read that a few days ago; got on my nerves, but if the parents and their lawyers are itnelligent enough, they'll pull through for an appeal with clear First Amendment violation issues.  

[The Bookwyrm]

That certainly seems to be their plan, from all I've read on the matter. I had found another atricle, as well. They're appealing, and will take it as high as possible to have it revoked, and there's no way it can stand up in a court if they claim it as a violation.  

[Winter Black]

Oh my, thats terrible... America sucks... I'm glad I'm Canadian, we can pertty much do as we wish, religion-wise.
Hey, all the American Pagans should move to Canada! XD We could start a huge coven and stuff. (Joking, joking...)

But seriously, I don't know much about how the American Legal System works, but I think that's a very large invasion of rights... There's nothing wrong with Wicca or Paganism in general (Though I sometimes don't count Wicca as an actual Religion... Only when dealing with Fluffies, though...), it's how practices it, and how they do so.
Personally, I would never do anything regarding my worship in the nude, except in the privacy of my bedroom! (Though, it's legal for me to walk the streets topless, with my breasts bare... XD I'm allowed to do anything a man can do in public, regardless of how large my chest is. Good old Ontario.)  

[Rakei]

When I read that I went: WTF!?

Unless this judge can prove there has been done emotional/physical damage to the boy because of Wicca, it is unjust to demand that they not expose their child to their religion.

I sure hope they get the order revoked... *laughs* It's almost like saying that they can't expose their child to Buddhism. (Wicca, Buddhism very close in general belief)

I feel really sad for the boy, he's in the middle of something (horribly stupid) frustrating.

Also I'm quite happy they aren't fluffies, and He was right, he doesn't have to practice magic (be a witch) to be wiccan  

[Atma311]

scream stressed domokun

Winter Black

Hey, all the American Pagans should move to Canada! XD We could start a huge coven and stuff. (Joking, joking...)

Don't joke... I'm willing to guess that there's going to be a huge Pagan migration to Canada if they keep this up stare  

[Winter Black]

Atma311

scream stressed domokun

Winter Black

Hey, all the American Pagans should move to Canada! XD We could start a huge coven and stuff. (Joking, joking...)

Don't joke... I'm willing to guess that there's going to be a huge Pagan migration to Canada if they keep this up stare

Hey, I'd have no objection! I'm seriously thinking if they do, they can all come to Ontario and start a big coven. That would be cool, and then I wouldn't have to be solitary anymore. A Pagan community outside of Toronto would be ideal, in fact. Then Ontario, and Canada in general, would be truly open, and accepting of everyone.
Crap, man, I could plan it all myself! ><;;  

[Akwila]

scream stressed

Hermetic

I would've dehyrdated myself, then pee'd on the Judges Lexus so that my undiluted urine would eat through the paint.

That's such bullshit, I cannot believe that a judge would make such a decision. I would take it to the Supreme Court or at least something else.

This is why I can't stand this country. There's nothing promising about it. Sure, our Constitution sounds all nice, but hardly does anyone follow it.

I feel bad for the child, also.

i couldnt have said it better  

[Akwila]

Jameta

I read that a few days ago; got on my nerves, but if the parents and their lawyers are itnelligent enough, they'll pull through for an appeal with clear First Amendment violation issues.

unfortunately they can argue that wicca can cause spycological damage to children, (im not on thier side im just anticipating thier move), but i think they'll have a hard time proving, but the judge can still rule in his favor. the american justice/law system is extremly flawed  

[Rakei]

akwila

Jameta

I read that a few days ago; got on my nerves, but if the parents and their lawyers are itnelligent enough, they'll pull through for an appeal with clear First Amendment violation issues.

unfortunately they can argue that wicca can cause spycological damage to children, (im not on thier side im just anticipating thier move), but i think they'll have a hard time proving, but the judge can still rule in his favor. the american justice/law system is extremly flawed

You can't do a ruling on pure guessing, you can't demand they not introduce their son to wicca if there might be done psychological damage, then the judge should tell them not to introduce him to any religion.  

[Jameta]

akwila

Jameta

I read that a few days ago; got on my nerves, but if the parents and their lawyers are itnelligent enough, they'll pull through for an appeal with clear First Amendment violation issues.

unfortunately they can argue that wicca can cause spycological damage to children, (im not on thier side im just anticipating thier move), but i think they'll have a hard time proving, but the judge can still rule in his favor. the american justice/law system is extremly flawed

They really cannot argue that as there is little solid evidence. And it's the judge that made it, so he has to have solid grounding.  

[Jameta]

Event update (from WitchVoc.com, of course):

More: Paganism Ruling Stirs Outcry

Author: Kevin Corcoran Source: Indianapolis Star (IN)

Title: PAGANISM RULING STIRS OUTCRY

A court order prohibiting a Marion County father and his ex-wife from exposing their son to "non-mainstream religious beliefs" is likely to be reversed, legal experts said Thursday.

However, publicity about the divorce case could help better educate people about Wicca, a contemporary pagan religion, said Andrew Koppelman, a Northwestern University law professor.

Debate swirled in pagan religious circles locally and nationally after The Indianapolis Star reported on the case Thursday. Jones, 37, said he posted messages on two Web sites Thursday in an attempt to keep pagans from sending e-mail and letters of protest to Bradford.

Full Story.  

[The Bookwyrm]

Thanks so much for posting that update! I've been wanting to follow the case, but I've been too crazy with work. Yay 36 hour back shift weekend... stare  

[Jameta]

Winter Black

Atma311

scream stressed domokun

Winter Black

Hey, all the American Pagans should move to Canada! XD We could start a huge coven and stuff. (Joking, joking...)

Don't joke... I'm willing to guess that there's going to be a huge Pagan migration to Canada if they keep this up stare

Hey, I'd have no objection! I'm seriously thinking if they do, they can all come to Ontario and start a big coven. That would be cool, and then I wouldn't have to be solitary anymore. A Pagan community outside of Toronto would be ideal, in fact. Then Ontario, and Canada in general, would be truly open, and accepting of everyone.
Crap, man, I could plan it all myself! ><;;

Dude, if I'm moving to Canada, I'm staying in B.C. I have no idea what it's like in Eastern C., and Quebec tends to frighten me, so I'll head the west branch. 3nodding