IndyLaw Net is an independent weblog written and managed by students and alumni of the Indiana University School of Law in Indianapolis, serving the IU Law-Indy community.

We welcome and encourage comments... Please check out ILN's commenting policy

Editor-in-chief, webmaster:
Lucas Sayre

Associate editors:
Karl Born

Contributors:
Karl Born
Brian Deiwert
Lucas Sayre
Kelly Scanlan
Nathan Van Sell

Links:

IU-Indy Law
Prof. Jeff Cooper
Daily Contentions
In the Agora
Commentary Track
Justin Gifford
Jelly Beans & Corduroy
Joe Delamater
Just Playin'
Obiter Dictum
Ryan Strup
The Sleepy Sage
Waiting for the Punchline
Myron's Mind
TV Law
Radio-N8

Other Law Students
IrishLaw
The Rattler
Ambivalent Imbroglio
John Branch
Phil Carter
De Novo
Paul Gutman
Kathryn Janeway
Jewish Buddha
The Kitchen Cabinet
Law Dork
letters from babylon
Letters of Marque
Mixtape Marathon
Notes from the Underground
Andrew Raff
Sua Sponte
Three Years of Hell
Unlearned Hand
Waddling Thunder

Legal Academics
Jack Balkin
Jeff Cooper
Rick Hasen
LawMeme
Lawrence Lessig
Eric Muller
Glenn Reynolds
D. Gordon Smith
Lawrence Solum
Peter Tillers
The Volokh Conspiracy
David Wagner
Tung Yin
White Collar Crime prof blog

Other Academic-types
Andrew R. Cline
Crooked Timber
Brad DeLong
Daniel W. Drezner
Joseph Duemer
Amitai Etzioni
Rebecca Goetz
Kieran Healy
Mark A. R. Kleiman
Brett Marston
History News Network
Michael Tinkler

Other Lawblogs
Program for Judicial Awareness
Howard J. Bashman
Stuart Buck
Janell Grenier
Sam Heldman
Tech Law Advisor
Denise Howell
Ken Lammers
Legal Reader
Math Class for Poets
Nathan Newman
Statutory Construction Zone
Indiana Law Blog
Timothy Sandefur
Fritz Schranck
Stop the Bleating
TalkLeft
Pejman Yousefzadeh

Legal News
The Jurist
CNN - Law
FindLaw
Law.com
lexisONE

Sapere aude - dare to be wise
Thursday, May 26, 2005
The Divorced Parents' Right to Free Exercise of Religion?
Posted 3:28 PM by Brian D.
The front page of the Indianapolis Star has an article concerning Cale Bradford, Chief Judge of the Marion County Superior Court, retaining a provision in a couple's divorce decree preventing them from teaching their common religious beliefs to their son. The religion is Wicca, "a contemporary pagan religion that emphasizes a balance in nature and reverence for the earth."

Judge Bradford inserted the provision preventing the divorcing parents, the Jones, from exposing their 9 year old son to "non-mainstream religious beliefs and rituals." A confidential report from the Domestic Relations Counseling Bureau, whose duty is to provide recommendations to the court on child custody and visitation rights stated, "There is a discrepancy between Ms. Jones and Mr. Jones' lifestyle and the belief system adhered to by the parochial school [a local Catholic school the child attends]. . . . Ms. Jones and Mr. Jones display little insight into the confusion these divergent belief systems will have upon (the boy) as he ages[.]"

[Editorial note: how many of you know someone that attended a religious school that was of a different faith than the student? That is not an uncommon situation.]

"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," says Kenneth Falk, legal director of the Indiana Civil Liberties Union. "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."

Most states, including Indiana, allow parents who are awarded physical custody of children to determine what religious training, if any, they shall receive. As a general rule a court steps in only when the danger exists to the child's physical or emotional health.

Our own Constitutional Law Professor David Orentlicher believes the provision to be"blatantly unconstitutional. . . . 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 purported vagueness of the provision concerns Jones and the ICLU. They "argue the order is so vague that it could lead to Jones being found in contempt and losing custody of his son."

Wicca is a nature-centered belief system, not a centralized religion. Wicca is observed by approximately 50,000 Americans. The U.S. government recognizes Wicca as an official religion and includes it in reference texts such as the U.S. Army Chaplain's Handbook.

As seen in the
National Jurist
and on
FOXNews

Indianapolis Help Wanted




Archives:
August 2003
September 2003
October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
November 2004
December 2004
January 2005
February 2005
March 2005
April 2005
May 2005
June 2005
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
November 2006
December 2006
January 2007
February 2007
April 2007
May 2007
March 2010






Weblog Commenting by HaloScan.com