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Dead Constitution See other Dead Constitution Articles Title: 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." 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." Call Star reporter Kevin Corcoran at (317) 444-2770.
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#1. To: Dakmar (#0)
Well they're going to HELL and they shouldn't be able to take their kids with them..:P So much for the first amendment..
What is with these crows? How did this matter even get before the court.
Judge Bradford needs to be tossed out on his ear. This is a disgrace.
All joking aside I absolutely agree..
Apparantly any time one has business before a court one surrenders all civil liberties, Constitutionally guaranteed protections, and basic human rights in general. The law has become whatever a judge says it is.
Kinda like walking into a corporation or your place of employment.
That involves private property rights and mutual consent. Walmart cannot put you in jail for refusing to shop or work at their store, but a judge sure can.
the judge is way out of line.
We have all got to "respectfully decline to participate" in these proceedings.
This is what floors me. Pagan Values, and beliefs are no different than the Bible, or whatever you want to believe in. I guess teaching your child that Santa Claus, Bigfoot, or Elvis existed is a crime too. This judge should be run out of town on a rail, tarred and feathered.
B.S. (though the judge is indeed wrong here.)
The God I believe in, gave me free will. He gave me the freedom of choice to do what I will, and to allow me to be righteous, or evil. That's what judgement is for. God gives everyone the free will to do as they choose. Choosing idiocy however, is something that disappoints God greatly. This is why I know the end times are near. Do you think God is happy with how many morons and idiots there are on this planet? Those who believe, who have faith, and understanding, not to mention good judgement, will be saved, and those who are idiots, ignorant and evil will be cast out. I look at it this way. Equilibrium must be achieved. Pagan beliefs are no less valid to someone who has free will than anything else. It's in God's Eyes that it makes the difference.
Sounds like you're not familiar with how the "family courts" operate. They are "civil" courts, and in those, protections afforded under the Constitution simply do not apply. Divorce courts are by far the worst. Where else can people be stripped of custody of their children, their property and large portions of their income for decades (sometimes for life)? The only "right" you have is the right to an appeal...that is if you can afford $10,000 (and probably much more) for the lawyers. And you can file a complaint with the state supreme court or the state bar, but they are all lawyers and judges too, and the worst that ever happens is the judge in question might get a stern talking-to.
I thank God that I've not been involved with, nor will I be, in a family court. God help those that are, or that will be.
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