Judge: Parents can't teach pagan beliefs
Father appeals order in divorce decree that prevents
couple from exposing son to Wicca.
By Kevin Corcoran
[EMAIL PROTECTED]
May 26, 2005
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."
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