This is the second in a three-part series dealing with Pagan parenting and the law. Part One looks at some steps you can take now to prevent problems. You've done the best you can, but trouble is knocking anyway and a child custody case looms in the midst. Part Two explores what you can do next.
Start by keeping a journal. Write down anything that's relevant to your situation--notes about encounters and conversations, the date, time, witnesses, contact information, and so forth. Print out e-mails and send letters certified and request return receipts.
If you haven't read the Constitution since junior high, it's time to revisit it. Pick up a copy at your local bookstore or read it at the library or online. The conversation on religious freedom begins with the First Amendment, which starts: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." It seems simple, but it's far from it.
For starters, the First Amendment, taken alone, applies only to the federal government. It is the Fourteenth Amendment that extends the prohibition to the states, but nobody begins his/her case by going straight to the Supreme Court. Most states have provisions in their own documents so it's wise to obtain a copy of your state constitution as well.
Another problem is that the First Amendment does not define "religion" and many Pagans are hesitant about claiming the label. Paganism is a collection of spiritual traditions and tends to be very individualistic with practitioners borrowing elements from various cultural sources. The Constitution does not define religion and although the courts may show a reluctance to judge religions, they will do so in child custody cases as it relates to "the best interest of the child." Our inability to define ourselves becomes detrimental in a legal situation.
Dana D. Eilers, attorney, Pagan activist, and author of Pagans and the Law: Understanding Your Rights, says, "In court, expect specific questions. Do you worship a deity? What is your religion? How big is it? Do you observe any holidays? If you can't enumerate what you believe in your head, how are you going to enumerate it to a judge and a jury? Be prepared to answer some very tough questions."
