[Oe List ...] Family Court/"non-mainstream religious beliefs"

[LAURELCG at aol.com]

Forwarded by Jann McGuire.  

 

By Kevin Corcoran
kevin.corcoran at indystar.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."