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Court limit on parents’ faith overruled
By Michele McNeil August 17th, 2005
michele.mcneil@indystar.com
By Michele McNeil August 17th, 2005
michele.mcneil@indystar.com
Thomas E. Jones, Jr., a practicing Wiccan who waged this court battle, said he's
relieved that his life can return to normal.
The case involved the divorce of Jones and Tammy U. Bristol, both practicing
Wiccans. The Indianapolis residents married in February 1995, and their divorce was
final in February 2004. Bristol and Jones have joint custody, and the boy lives with the
father on the Northside.
Both parents united in their fight to have the religious restriction removed. Wiccan
beliefs center on the balance of nature and a reverence for the Earth. Wiccans do not
worship Satan, a common misperception.
Judge Patricia A. Riley, writing on behalf of the three-judge appeals court panel in a
decision released Wednesday, said trial courts can limit parent's authority if it's
necessary to prevent endangerment to a child's physical health, or significant
impairment of the child's emotional health.
However, there was no evidence of endangerment in this case, the judges ruled. They
struck paragraph 10 from the decree but let the rest of the divorce stand, signaling
the end of the legal battle. Marion Superior Judge Cale J. Bradford, who approved the
decree after Commissioner Mary Ann Oldham made the initial decision, agreed with
the appeals court decision.
"This case was never about freedom of religion," Bradford said. "I support freedom of
religion, and not just my mine, either. That includes the Wiccans."
Bradford said he gave the case a brief review before approving it last year, indicating
there were initial concerns that some of the Wiccan rituals may have endangered the
boy's health. Later, after a more thorough review of the court record, he discovered
that wasn't the case, Bradford said.
"I have nothing against the Wiccans of the world," Bradford said. "I wish them all the
best."
The Indiana Civil Liberties Union argued the case on constitutional grounds -- that the
decree trampled on parents' rights to expose their children to the religion of their
choice.
But the appeals court didn't rule on the constitutional question. Instead, the appeals
court relied on state law, which prohibits courts from limiting parents' authority unless
a child is at risk of physical danger, or significant emotional impairment.
"I think this serves as a reminder that there are areas the state has no business
getting involved," said Ken Falk, an attorney with the Indiana Civil Liberties Union.
relieved that his life can return to normal.
The case involved the divorce of Jones and Tammy U. Bristol, both practicing
Wiccans. The Indianapolis residents married in February 1995, and their divorce was
final in February 2004. Bristol and Jones have joint custody, and the boy lives with the
father on the Northside.
Both parents united in their fight to have the religious restriction removed. Wiccan
beliefs center on the balance of nature and a reverence for the Earth. Wiccans do not
worship Satan, a common misperception.
Judge Patricia A. Riley, writing on behalf of the three-judge appeals court panel in a
decision released Wednesday, said trial courts can limit parent's authority if it's
necessary to prevent endangerment to a child's physical health, or significant
impairment of the child's emotional health.
However, there was no evidence of endangerment in this case, the judges ruled. They
struck paragraph 10 from the decree but let the rest of the divorce stand, signaling
the end of the legal battle. Marion Superior Judge Cale J. Bradford, who approved the
decree after Commissioner Mary Ann Oldham made the initial decision, agreed with
the appeals court decision.
"This case was never about freedom of religion," Bradford said. "I support freedom of
religion, and not just my mine, either. That includes the Wiccans."
Bradford said he gave the case a brief review before approving it last year, indicating
there were initial concerns that some of the Wiccan rituals may have endangered the
boy's health. Later, after a more thorough review of the court record, he discovered
that wasn't the case, Bradford said.
"I have nothing against the Wiccans of the world," Bradford said. "I wish them all the
best."
The Indiana Civil Liberties Union argued the case on constitutional grounds -- that the
decree trampled on parents' rights to expose their children to the religion of their
choice.
But the appeals court didn't rule on the constitutional question. Instead, the appeals
court relied on state law, which prohibits courts from limiting parents' authority unless
a child is at risk of physical danger, or significant emotional impairment.
"I think this serves as a reminder that there are areas the state has no business
getting involved," said Ken Falk, an attorney with the Indiana Civil Liberties Union.
Witch Killings, Wiccan Court Victory
Indo-Asian News Service Ranchi, August 18, 2005
Bigotry in the name of witchcraft claimed another life in Jharkhand, this time of a
woman who was blamed for the illness of another and was killed with an axe in front
of her son.
Salge Hembram's son Jayram was not even allowed the mercy of taking his mother's
body for last rites with people in Ranikunder village in Jamshedpur, 170 km from
Ranchi, burning her to wipe out any evidence of the crime.
Though the incident occurred on Aug 8, Jayram could only report it to police a week
later when the village was celebrating Independence Day on Aug 15.
Police said Jayram had been under close watch for the entire week.
Recounting the events leading up to the brutal murder, police said villagers made
Salge responsible for the continuing illness of a man called Vikram. On Aug 7,
Vikram's family asked her to cure him or face the consequences. When she pleaded
innocence and said she was helpless, they slapped a fine of Rs.10,000 on her and
gave her 24 hours to pay up.
She could not. And the next day, Salge was dragged to the panchayat with her son.
The village elders turned a deaf ear to their pleas and she was hacked by an axe
right in front of his eyes.
Though Jayram named six people in his complaint, police have so far arrested only
one.
The killing of women after branding them witches is commonplace in Jharkhand. Over
the years, more than 600 women have been killed after being labelled witches.
In another case in Bajura, a local 'shaman' invited a couple claiming possession into
a back room for a 'cure,' which was effected by relieving the couple of their earthly
existence. The couple were found the dead the next morning, one nearly decapitated.
School officials in Melbourne, Australia, have just caught on that their in-school anti-
drug program is faith -based.
From The Kathmandu Post >> Front Page
------------------------------------------------------------
Witch doctor kills two ‘possessed’ persons BY ARJUN SAHI
BAJURA, Aug 17 - A witchdoctor, of rural Jilli village in Martadi VDC in the far-western
Bajura district, who claimed to possess divine powers butchered a local woman and a
man stating that the two were "possessed by evil spirits".
At the village, an hour walk from the district headquarters, Martadi, the shaman,
Kashi Saud, who the locals believed to be a "man of god" killed Nandalal Pandit, 59,
and his sister-in-law, Kaladevi Pandit, 47, in the name of freeing them from evil spirits.
According to locals, since June 2, six women and some men of the village, including
Saud, had been behaving weirdly, claiming that their bodies and souls were
possessed by a deity. "The shaman had also been claiming that some local women,
including Kaladevi, were possessed by an evil spirit," said a local.
Following a chain of events since June 2, Saud had locked Nandalal and Kaladevi
inside a room at the latters' house last Sunday, stating that he would "cure them".
During the period, Saud allowed no one to enter the room.
"When some villagers wanted to enter the room on Sunday, Saud sent them away
saying that the two were asleep and he (Saud) would wake them up at 12 noon on
Monday," said a local. The locals became suspicious when Saud failed to bring out
the two from the room on Monday noon, and reported the matter to the police on
Monday evening.
When police reached the site on Tuesday morning they found the two lying dead in
the room. According to a policeman, Nandalal's head was severed from the body and
Kaladevi bore brutal wounds on her head.
Finally, some good news: the Wiccan couple forced by the court to 'shield' their son
from their Wiccan beliefs has been victorious in their appeal.
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