Judge: Parents can't
teach pagan beliefs
Father appeals order
in divorce decree that prevents
couple from exposing
son to Wicca.
By Kevin Corcoran,
indystar.com Online, May 27, 2005
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Challenging the
court: Thomas E. Jones Jr. says a judge's order tramples on his and
his ex-wife's constitutional right to share their religious beliefs with
their son.
--
Frank Espich / The Star |
Indianapolis, May 26 -- 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."
What is Wicca?
Wicca is not a centralized religion but a belief system observed by 50,000
Americans that is recognized by reference texts such as the U.S. Army
Chaplain's Handbook.
Wicca is related to European tribal nature worship. Wiccans regard
living things as sacred and often show a concern for the environment.
They do not worship Satan, but some cast "spells." Some worship in the
nude as a sign of attunement with nature.
The core value of Wicca states, "As it harm none, do what you will."
-- Star report
Call Star reporter
Kevin Corcoran at (317) 444-2770.
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