Part One: LEGAL SMARTS FOR PAGAN PARENTS
I have been open about being a witch for over twenty years and the only
instance I faced of intolerance was having old Italian women cross
themselves when they saw me coming out of The Occult Shop in Toronto,
Canada. I have had employers know about my faith and was even able to take
personal time off for sabots. But until now I had also always lived in
large cities on the east coast. So when I moved here to Texas, I was
surprised by the horror stories I heard and the general atmosphere of fear
that is prevalent among many pagans here in the south.
Pagan parents were afraid of having their children taken away. "Don't
drive in this county with a pagan bumper sticker." "If they find out I'm
Pagan, I'll get fired." These were things I heard frequently. And the fear
was contagious. I found myself wondering if I could loose my children
simply because I am a public witch. I found myself starting to go back
into the broom closet.
When I realized what I was doing, I decided it was better to become even
more public, time to learn the facts and become involved. What I found out
surprised and reassured me. In most cases involving government agencies,
if a pagan has lost custody of children, there were other major factors
involved. It may have been emotional abuse, neglect caused by alcoholism
or drugs or very poor living conditions. Usually, there has had to have
been a history of some kind consisting of at least one other complaint. It
is very unlikely for a state agency to remove children from a home on the
first visit. Custody fights started by ex-spouses or relatives because of
religion are more complicated.
But as the Ohio Supreme Court ruled in January, 1992; "Courts have
repeatedly held that custody cannot be awarded solely on the basis of the
parents' religious affiliations and that to do so violates the First
Amendment to the United States Constitution."1 But, if the judge is
prejudice or uninformed, he may not automatically do this, so it is
important to have supporting documentation supporting this ruling. Even if
religion has not been raised, always discuss your religion with your
attorney if you are involved in a child custody case. Your attorney may
unexpectedly need to file a motion excluding religion.
Many times, a lawyer will use religion as a basis if they think it might
help win the case of their client. Religious rights also appear to be
supported by the courts in Texas. A San Antonio Pagan was able, without an
attorney, to have a judge rule that religion could not be discussed in a
custody case presented by her ex-spouse. Indeed, he even ruled that the
plaintiffs could not use the word "evil." In a recent Houston case, when
an over enthusiastic CPS (Child Protective Services) worker removed
children from the home partially on the basis of "the mother practiced
Wicca as a religion," the social worker was removed from the case and none
of her evidence was presented in court.
Often, having a ordained pagan clergy going to speak to CPS on your behalf
about paganism as a positive religion is enough to settle a CPS
investigation. But, unfortunately, there are people out there who will try
to use the courts to support their religious bias. So here are some steps
pagan parents can take to prevent such things from happening. None of this
should be interpreted as giving legal advice. Always consult your
attorney.
Part Two: THINGS TO DO NOW
- Become involved with the pagan community, even if you are a
solitaire. This can help provide you with support and contacts when the
going gets rough. This way you can obtain information and connections that
can help your case. As mentioned above, sometimes having an ordained pagan
minister or other well connected person talk with the government agency
involved call resolve problems satisfactorily.
- If you have children, consider joining your local Universal Unitarian
(UU) church. They recognize paganism as a legitimate path (and have a
pagan specific organization called CUUPS.) They also have a wonderful
comparative religions course for their Sunday School. This is one way you
can say "I go to church" without compromising your religious beliefs. The
UU Church is also very well equipped in dealing with religious rights
issues.
- Become involved in your community, or at least become acquainted with
your neighbors. People are less likely to accuse you of nasty stuff if
they know you. Or if someone does lay such claims or rumors, it will have
less fertile ground to grow in.
- Provide your children with some sort of religious teaching even if you
believe the child should decide. The courts may tend to favor a parent who
does teach some sort of religious ethic over a parent who doesn't.
- Remember that the same rights that protect you protect ex-spouses and
relatives and their beliefs. So don't blow a gasket when dear old Grandma
wants to take their grandchild to their church. Instead look on it as an
educational opportunity for your child. This will be an opportunity to
teach your child religious tolerance. Kids are very smart and will, on
their own, pick up any discrepancies. After they return, sit down and
discuss what they saw and heard and what they felt about it. If you let
relatives take your children to their church occasionally, they are less
likely to give you a hassle about your faith.
- Keep a press file of positive articles from newspapers about paganism.
This can be used as evidence supporting your claim that paganism isn't
about devil worship.
Part Three THINGS TO DO IF YOU SUSPECT OR HAVE A
PROBLEM
- Write things down. Take notes. If you can't do so during a
conversation, do so as soon as you can afterwards. Note date, time and
witnesses; add any information that can help your case. Include as much
detail as possible. Send all letters by certified mail or Return Receipt
Requested. Only send faxes if you can verify the fax was sent and
received. Always copy your lawyer.
- Keep your temper! Be polite and gracious at all times.
- Get an attorney even if no legal action has happened yet. It will save
you more money and headache in the long run. Make sure they are
experienced in family or constitutional law.
- Write things down! (Did I say that already?)
- Answer only the question asked. Do not, for any reason, offer any
extra information especially when dealing with the police or CPS. What you
think may be helpful, may actually prove to be harmful. Remember:
Everything you say can and will be used against you!
- Write things down! (Yes, it is that important!)
- If you expect CPS or the police are going to come visit your home, try
and have a witness present. Find out NOW from an attorney what the state
laws are governing illegal search and seizure. You need to find out if
inviting law enforcement or social services into your home without a
warrant, waives your right under illegal search. If it does, don't let any
official in your home without a warrant.
- Get an attorney. Tell the lawyer everything, including your religion,
any past history, etc. Be willing to follow their advise and offer to help
in any way you can. By doing some of the footwork, you may save yourself
some money.
- Call a religious rights organizations for help. Even if you have an
attorney, call one of these organizations. They can save you time and
money by providing research supporting religious rights for your attorney.
This will save your attorney from having to do the work and will save you
money.
- If you have to go to court or before CPS or an attorney, dress
conservatively. Wash your hair. Wear NO occult jewelry. The object is to
appear "normal."
- Don't create a media circus. Most judges despise that kind of thing
and it can backfire. If media attention is> required, let your attorney or
religious rights organization that you are working with handle it, so
everything is done in an organized manner.
Part Four: ABSOLUTE DON'TS
- Don't volunteer any information. Only answer the question asked.
- Don't mention magic of any kind. (Face it, magic is vastly
misunderstood. You don't have the luxury or time to educate in these
circumstances.)
- Don't sign anything without the advice of an attorney. Even if signing
a form means you'll get your children back immediately, it is still in
your best interest to consult with an attorney. You may end up signing
something which will create serious problems or headaches down the road.
Remember, it is illegal for an government agency to insist on a child
regularly attending a Christian church. Remember, religious freedom is a
right in this country, even if we still have to fight for it. The good
news is that the courts and government agencies are starting to
acknowledge that fact.
There are now several religious rights organizations who can lend
assistance and sometimes refer lawyers. But it is important for pagan
parents to know the law, know what resources are available and how the
system works. Knowledge is power.
Blessed be!
