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Page: Profile: Wren's Nest News Local
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Article: 20217
[Legal]
Date Posted:
11/24/2008
4:46:49 pm EST
Wvox Stats
Views: 4,687
RSS: 18,560
Comments: 17
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Court Won't Rehear Appeal By Mother Accused Of Practicing Wicca
Author: Arkansas News Bureau Source: Arkansas News Bureau
Title: COURT WON'T REHEAR APPEAL BY MOTHER ACCUSED OF PRACTICING WICCA
The state Court of Appeals on Wednesday declined to reconsider its decision in a child custody case in which the child's father claimed the child's mother practiced Wicca.
Two judges dissented, accusing the majority of embarking on "a grand inquisition."
In a per curiam order, the appeals court denied without explanation a petition for rehearing filed by the child's mother, who claimed a Chicot County circuit judge's decision granting custody of her child to the child's father was based in large part on the judge's finding that the mother was involved in a "cult."
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Community Thoughts: There are 17 comments posted | Reverse Sort |
| Read The Justices Opinions | Nov 27th. at 11:18:40 pm EST
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Mari Elm (Van Buren, Arkansas) - Email Me
Not that I disagree with any of the posters, but I think it is better to form one's opinions after fully informing oneself of all the facts. I am a news reporter myself. I assure you there is no way any reporter, no matter how good, can convey all the facts or sides in a story of only a few hundred words. Reporters generally pick the angle most likely to snag reader interest. Although the circuit judge himself appears to have fixated on the religious aspect, there were other issues in this case -- alleged neglect. And Goddess help us! He accepted an American Heritage Dictionary definition of Wicca as fact!
Go to the Arkansas Supreme Court webpage. Click on the "Opinions" link. Click on the "Court of Appeals."
What you are looking for is this case number: CA 07-1321.
There are six separate Appeals Court justices' opinions in six PDF files. Some are very short. You'll have to look in more than one place to get them all. The dissent about which the newsstory was written was filed on Nov. 19. The actual Appeals Court ruling was on Oct. 1.
After ya'll read the justices' reasonings for their rulings/dissents. I'd love to hear back from you.
I personally think this outrageous ruling is a clear indication that we Wiccans and Pagans in general have some educating to do. It may give us a small measure of satisfaction to discuss these injustices among ourselves, but that isn't doing anything to change mainstream opinions.
Maybe it is time we poke a toe outside our broom closets to better educate the public about our beliefs? Perhaps those of us with writing talent should consider writing articles, carefully reasoned and respectful, of course, for submission to mainstream media. Perhaps those of us with video skills could find a way to use those skills to educate others about Pagan beliefs? People with speaking skills could perhaps volunteer to speak at local civic group meetings or at a police officer training session? Maybe some of us could consider volunteering for a community service effort as a group. I've seen an "Adopt-A-Highway" sign with the name of a KKK chapter on it. Why not add a few with names like "Crescent Moon Grove?" Maybe we should consider becoming more active with interfaith organizations?
People aren't going to get over their ingrained fear of our belief systems until they see for themselves that we are much more like them than we are different. I think they're not going to get over their fear of us until they see that we are mothers, fathers, brothers, sisters, cops, students, lawyers, nurses, teachers, bank officers, sales clerks, factory workers, laborers and businesspeople just like them.
I personally hope the mother in this case continues to appeal it, assuming she can find the money to do so. It's very expensive to pursue things in the higher courts.
And by the way, kudos to the reporter who wrote the Nov. 19 article. He respected the mother and toddler's privacy and left their names out of the story. Pretty stand-up of him. I think we Pagans should follow suit.
Namaste,
Mari Elm
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| Commentary | Nov 25th. at 11:47:05 pm EST
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NOVA (New Brunswick, New Jersey) - Email Me
So much for our Constitutional Right to Freedom of Worship in the U.S.A. :-\
This is what living in the Bible Belt gets you.
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| Hmmm... | Nov 25th. at 5:56:46 pm EST
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Silver Faery (Hays, Kansas) - Email Me
Well when the state was involved with me and my kids, they did ask me about my ring I wore. They pulled up all this information and started to question me! I answered it, but I think it was my dad who stated what does her personal beliefs have to do with the kids situation?! They dropped it after that. The kids are suppost to go to their father, ironically the court threw a fit about mom being Pagan, never once learning that the father is a member of the CoS! He was going to fight if that had any effect on the decision, considering he is military and fighting for the right to follow what he wants to.
Silver Faery
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| Dangerous Times | Nov 25th. at 12:43:01 pm EST
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TawnyDreams (Spokane Valley, Washington) - Email Me
Any time a judge can interrogate (from the article) anyone about their religious practices is dangerous and reminecent of past atrocities. Peace is great and always welcome. Being singled out and casting doubt and negative attention is not, and should never be accepted. Only two of the judges pointed out it should not be a religious issue. 4:2 is not a good ratio for tolerance! I personally have be verbally and physically attacked for my choice in beliefs. I will not start trouble but as a militarty veteran and a trained corrections officer, I will protect myself and my family. Blessings to the goddess I have been sucessful so far. None of us should hide, but being wary is a good idea.
Be Well and Blessed Be
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| Fundie Tactics Do Not A Good Ruling Make... | Nov 25th. at 11:15:32 am EST
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bigcat (peoria, Illinois) - Email Me
When the State gets involved with children it can be plenty ugly without religion being added to the mix. "Abuse and Neglect" are the usual watchwords. The Judge was merely adding her own two cents of Fundieism by calling her religion a "cult".
The charge should have been neglect, if that's what it was, without dragging her religion into the mix.
It would have been that way with anyone else.
using one's religion as a way to enforce such a ruling instead of looking at the facts of the case make it very clear that one cannot have a different belief without being judged a "threat" to self or family.
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| There Could Be More To This | Nov 25th. at 9:14:15 am EST
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Young Coyote (W. Hempstead, New York) - Email Me
It is possible. However, based on the evidence given in this article and previous ones, religion seems to have played the deciding factor.
Just read the comments from the previous ruling. The judge obviously dismissed Wicca as some sort of strange cult. The fact that the dissenting judges in this case criticized their peers over the decision I think plainly displays that religious bigotry played a role in the final outcome. The most dangerous part of this entire case is that now there's a legal precedent for taking children away based on the parent's "strange" beliefs.
So Pagan parents, be warned. Your spirituality could cost you your kids. (Actually has been for some time, this just reinforces it.)
And while some previous posters pointed out that not all Christians are insane fundies, some are, well, f'n insane fundies. And I refuse to play nice with them. Oh I can practically hear some of ya'll already typing away about "tolerance" and "peace", you can just stop it now. I'm sick of hearing that hippie BS. The radical Christians have already made it perfectly clear that they hate us no matter what and aren't going to budge on the issue. We have made attempts to reach out and they slap us down. They drew the line in the sand. I'm not gonna "turn the other cheek" (not a Christian, after all) , I'm gonna confront. (Easy knee-jerkers, that doesn't mean I'm gonna resort to violence, but I uphold my right to say some nasty sh*t to their face if provoked)
Just because one pitbull is friendly and playful doesn't mean you should try to pet the other pitbull that's frothing in the mouth, looking like it's about to pounce.
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| Difference Will Not Be Tolerated | Nov 25th. at 7:54:56 am EST
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Mysteries Child (Garfield, Arkansas) - Email Me
Further proof that, no matter how hard I try to be normal, it will do no good. I am not normal; therefore, in the eyes of too many people in this world, I have no rights.
It is a privilege, a mercy, an act of tolerance that I am allowed to live.
Make me puke.
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| While True | Nov 25th. at 6:19:04 am EST
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stalkingwolf (Bullhead City, Arizona) - Email Me
While it is true that there may have been other factors involved in the decision to remove the children, The fact still remains that the court allowed Religion to be a deciding point.
THAT renders the decision UnConstitutional, no matter WHAT other factors there were.
If you have never had an experience with CPS you just dont know what they are capable of.
I know for a fact and from personal experience that CPS is a law unto themselves. They can and do say what they want, anufacture "evidence", and regularly manipulate statements, with no fear of having to support their statements.
Does the name McMartin ring any bells?
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| ... | Nov 25th. at 5:02:01 am EST
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Draken (Bronx, New York) - Email Me - Web
Once again, this is proof of what I've been saying about fundies. Nowhere in the article does it have any other factors. Trolls should stop shoving words into an article they never wrote.
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| If Neglect Or Abuse Was The Problem, | Nov 24th. at 11:01:09 pm EST
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Ursyl (Murrysville, Pennsylvania) - Email Me
why did the judge apparently question her about her religion and make a ruling that it's a cult?
Her religion is, or should be, irrelevant.
Either she was neglectful or she was not.
Wicca has nothing to do with that, and the judge undermines his own decision by paying so much attention to it instead of to the relevant issues.
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| WIthold Judgment | Nov 24th. at 10:58:33 pm EST
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David Eagan (Cleveland, Ohio) - Email Me
Like the previous poster has said, it would be good to withhold judgment until we know more about the situation before jumping to conclusions.
I have read this case and there are several ways to interpret what the judges said to not be religious discrimination. That being said, I still withhold judgment because I still don't know what went into the deliberations and effected the minds of the judges. Some of them seemed to be more upset that the mother was trying to hide her religion rather than the fact that she was a Wiccan.
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| It Would Be Nice... | Nov 24th. at 10:19:41 pm EST
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Becky (Olean, Pennsylvania) - Email Me
to know the full situation here before trying to make a decision.
It stinks that people feel the need to use any excuse to religion-bash, but really, the welfare of a child should be more important than anyone's dogma.
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| According To A Pagan Lawyer Friend | Nov 24th. at 9:35:59 pm EST
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Seshen (San Antonio, Texas) - Email Me - Web
The child was removed due to neglect (filthy, fungus on face) . I don't know where to verify that, but we can't automatically assume that religion was the primary factor.
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| Does Anyone Know | Nov 24th. at 8:22:37 pm EST
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Rimmon (Wilmington, North Carolina) - Email Me
Does anyone know why the mother lost the children to the father. Yes I know the father said and the judges beleive she practiced. I read the article, it didn't say if this fact was the only fact taken into concideration. There have been several times a story about a wiccan family loses their children, then when the facts come out, we learn they were abusive, just like other abusive families. What I'm getting at here, just because the women is wiccan, doesn't mean she doesn't have other issues that the judges took into consideration. On the other hand if there were not any evidence of any reason other then her religion that the judges used against her, well we have a problem then.
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| ... | Nov 24th. at 7:19:48 pm EST
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Draken (Bronx, New York) - Email Me - Web
As tragic as this is, it's verification of everything I've been saying about fundie xians.
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