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branwynelf
Judge: Parents can't teach pagan beliefs
Father appeals order in divorce decree that prevents couple from exposing son to Wicca.
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."
[...]
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.
[...]
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.
[...]
"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.
[...]
"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."
[...]
"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."
I take comfort in the knowledge that there is no fucking way this will hold up in court, but what kind of a country do we live in that a judge would think he could get away with something like this? Wait...don't answer that.
I'll post more positive stuff in another entry, but first I need to fume for a bit.
branwynelfJudge: Parents can't teach pagan beliefs
Father appeals order in divorce decree that prevents couple from exposing son to Wicca.
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."
[...]
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.
[...]
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.
[...]
"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.
[...]
"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."
[...]
"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."
I take comfort in the knowledge that there is no fucking way this will hold up in court, but what kind of a country do we live in that a judge would think he could get away with something like this? Wait...don't answer that.
I'll post more positive stuff in another entry, but first I need to fume for a bit.
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*giggle* Do you suppose we Wiccans should unite to rise up against these activist judges? Clearly we need a spokesperson in Congress to stand up and give them a vaguely worded warning ;)
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A friend of mine's a family court judge back East, I just emailed him to find out his take on all this. I'll be fascinated to hear if there's any kind of legal precedent for this sort of discrimination.
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