I personally have been open about my faith as a Pagan for some 18 years. Many troubles at first. Such things as broken windows and slashed tires. At times I felt like taking stock out in GoodYear. But enough of that, things are not as bad as that unless you flout your faith under every nose you run across.
There are many cases where fear is prevalent among many Pagans who are considering coming out of the closet. Pagans who are perhaps afraid of loosing their children on the basis of their faith. There were many horror stories I had heard myself and quite frequently. The fear was contagious. I found myself starting to go back into the broom closet. Many of you with children will wonder if you could loose your children simply because you are a public Pagan. In my case, I decided it was better to become even more public. Time to learn the facts and become involved. What I found out will surprise and reassure you.
In most cases involving government agencies, if a Pagan has lost their children to an agency, there were other circumstances involved in that decision. Things like neglect and abuse. Also, there has to be a history of at least one other complaint being lodged, by another individual before the child(ren) are removed.
In custody cases, always be up front with your attorney regarding your faith. The attorney may seek an injunction against faith being mentioned by either party. He/she may also go the other way and encourage open acknowledgment as a basis if they think it might help win the case for their client. In 1992, the Ohio Supreme Court ruled that "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 US Constitution." Although do not rely on this happening automatically and always bring supporting documentation with you to court. Your attorney can help you with this task.
Besides Ohio, Texas has proved to support the above ruling as well. In a recent case in Houston 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 Pagan HPS/HP go to speak to CPS on your behalf about Paganism as a positive faith is enough to settle a CPS investigation. Also having the aforementioned HPS/HP appear in court on your behalf would be a good idea. This person does not have to know you well. There are many Pagans who would jump at the chance to help. Especially if they, like me, have been out of the broom closet of many years. They could be called as an expert witness on the Pagan faith. Often I have seen this to work in the Pagans favor and the children are restored.
But unfortunately, there are people out there who will try to use the courts to support their religious fears. So here are some steps Pagan parents can take to prevent such things from happening. Remember this is NOT legal advise nor should it be consider such. Always consult your attorney.
The links listed below will give guidelines regarding protecting yourself and your family against legal abuse and harassment.
My Links
Things to do NOW !!!
If you Suspect you have a Problem....
Absolutes DO NOTS !!!
Back We Go
© 1997 silverphoenix@cybergal.com