Mom Loses Custody, Judges Dissent
Monday November 24, 2008
This is a clusterfumble if ever there was one. First, a little background. Back in the fall, Andrea Hicks of Arkansas lost custody of her son. She said that she believed she lost custody because the presiding judge's opinion of Hicks' "alleged practice of Wicca." Fast forward a bit, to where Hicks appeals to the state Supreme Court, and the appeal is rejected as well. In the appeal, Hicks points out that Judge Robert Vittitow described Wicca as "a religion, movement, cult or whatever it may be."
To add more confusion into the mix, Hicks says she told the Judge she was "only joking" when she told her child's father, Joshua Cook, that she practiced Wicca, but Vittitow wrote, "the court believes she is much more involved than she would lead us to believe." Dissenting judge Sarah Heffley wrote that the court had "impermissibly considered (the mother's) alleged interest in Wicca, which taints the outcome of its decision to change custody."
Now, Hicks' motion for a re-hearing has been denied by the same judges who found against her in the previous hearing. Again, Heffley dissented, along with Judge Josephine Hart, and they accuse the four male majority members of "embarking on a grand inquisition." Hart points out that even Hicks does practice Wicca, "there is absolutely no evidence that practicing Wicca was in an way harmful to the child."
Not only that, Joshua Cook, the child's father, included some fairly incendiary statements in his petition to the court, including that "not all religions are worthy of constitutional protection." He claims Wicca is "a cult, not a religion" and says Mormons are a bunch of pedophiles.
Here's where it gets even more interesting. Judge Robert J. Gladwin, writing for the appeals court, says Vittitow never made any negative statements about Wicca at all. In fact, he says Hicks lost custody of her child because of charges of neglect. He also states that Hicks had stopped taking medication needed for her mental health issues. So now we've got dueling judges, with Heffley and Hart on one side, saying the mother lost custody due to her perceived religious practices, and Vittitow and Gladwin saying it was a case of neglect.
It will be interesting to see how this one plays out. I'll keep you posted as more information becomes available. Meanwhile, if you think you may need to protect your own rights as a Pagan or Wiccan parent, you may want to read Rights of Pagan Parents.
To add more confusion into the mix, Hicks says she told the Judge she was "only joking" when she told her child's father, Joshua Cook, that she practiced Wicca, but Vittitow wrote, "the court believes she is much more involved than she would lead us to believe." Dissenting judge Sarah Heffley wrote that the court had "impermissibly considered (the mother's) alleged interest in Wicca, which taints the outcome of its decision to change custody."
Now, Hicks' motion for a re-hearing has been denied by the same judges who found against her in the previous hearing. Again, Heffley dissented, along with Judge Josephine Hart, and they accuse the four male majority members of "embarking on a grand inquisition." Hart points out that even Hicks does practice Wicca, "there is absolutely no evidence that practicing Wicca was in an way harmful to the child."
Not only that, Joshua Cook, the child's father, included some fairly incendiary statements in his petition to the court, including that "not all religions are worthy of constitutional protection." He claims Wicca is "a cult, not a religion" and says Mormons are a bunch of pedophiles.
Here's where it gets even more interesting. Judge Robert J. Gladwin, writing for the appeals court, says Vittitow never made any negative statements about Wicca at all. In fact, he says Hicks lost custody of her child because of charges of neglect. He also states that Hicks had stopped taking medication needed for her mental health issues. So now we've got dueling judges, with Heffley and Hart on one side, saying the mother lost custody due to her perceived religious practices, and Vittitow and Gladwin saying it was a case of neglect.
It will be interesting to see how this one plays out. I'll keep you posted as more information becomes available. Meanwhile, if you think you may need to protect your own rights as a Pagan or Wiccan parent, you may want to read Rights of Pagan Parents.
Comments
I’m glad the über-fundy people in my hometown haven’t gotten wind of my religious preferences, or I’d likely be facing similar issues as Ms. Hicks. The buckle of the Bible belt is a quirky place to be a Witch.
My deepest sympathies for this mom. She must be overwhelmed with feelings of hopelessness.
This would have been my situation had I stayed married and had children to my uber-reborn exhusband. His tolerance of my pagan family boiled down to ‘I don’t want to see it or hear of it’. Had I had a child to him, he would have stripped me of all my rights.
To quote Garth Brooks…. “thank God for unanswered prayers”
oh my… that is horrible, I didn’t know anything could be done just based on religion. if someone tried that on me, I’d be sitting infront of the white house protesting, getting national attention to it, and trying my hrdest to sue those judges (if this is about wicca, and not neglect).
I’m not really pagan, I’m more agnostic, and my husband is some-what christian (becuase he wants to fit it with americans), and somewhat his country’s shamanic relgion (korean paganism?)… but I know he would never do anything like that, cuz religion is not even a thing we think of everyday. he’s not into relgion really, just follwes along when people ask him or w/e. more likly, since I live in the bible belt, it would be a neighbor.
I consider myself SOOOO lucky that the man I am planning on marrying one day shares the same religious views as I and is also a practicing Wiccan. While he isn’t as active in the path as I am, our views and values are the same so that if we were to have children, I wouldn’t encounter this type of situation. We’ve even discussed it in light of this poor womans case.
While we may not have all the details regarding mental health or neglect issues, it does seem like this situation for her is being used almost as a modern day “witch burning” and its really unfortunate. We constantly hear people stating we need to have more and more equality and rights regarding everything… until they feel something is infringing on their Christian views.
It infuriates me when Christians use modern day forms of persecution like this to force their views on others. As someone who comes from an all Christian family, I am blessed by the Gods with a welcoming and open family who have seen that since I’ve begun following a pagan path, I’ve been happier, felt more at peace and in tune with the world around me. And I feel sad for those who don’t have this, including this poor woman.
This is really sad. I can’t believe that some fundamentalist right wing jesus nut had the gall to say that Wicca was a “cult or whatever.” If his comments about mormons had been publicized, he’d have his ass in a sling!!! Mormons may be polyigamists, but they aren’t the only religion that has wronged children!
It’s funny how people only bring up religious differences when they know they can get away with it! Why didn’t this “judge” just go ahead and tell the Ms. Hicks that Jews were shilocks or heebs! Why didn’t he just stop at bashing mormons and wiccans? Why not call out catholics, hindus and buddists too? What a narrow minded idiot!
Oh well…even his book of christian faith tells his fate…”Pride cometh before destruction!” (Knowing the bible is great to tear down their own bigotry with their own beliefs.) Wicca is probably the safest path for a person to walk because “harm none” goes such a long way. “Harm none” has led me to take better care of myself as well. Because if I don’t care for myself…I’m harming myself. Right?
Why is there enough religion in the world to incite hatered, but not enough to instill tolerance?
A very saddened Marine
Whatever the reason this poor woman has lost custody of her child, I feel so blessed to live in a country where I can be proud and open about the fact that I am Pagan without repercussions. I only wish that everyone could be tolerant of other’s beliefs.
Rachel, SW England
I have to make the point that just because someone claims they are Wiccan, DOES NOT mean that they are a stable ,functioning parent.Neglect comes in many forms…and although most of us practice what we believe,and work to be the best example we can be, many are not capable of being good parents…spiritual beliefs or not, some people are just simply not fit to act as a caretaker for their child.I am angered by the fact that all of the comments here assume that this person is a stable,logical balanced person.Some people claim to be wiccan in an effort to hide their strange habits…point in fact, the woman claimed she was only “kidding” about being Wiccan when troubles arose….I find that disturbing in and of itself…A commited Wiccan would never back off with the claim that they were only kidding.I defer to the the judge’ experience in this case.Children need a stable home life.I choose to take a wait and see stand on this one.