So here’s a brand-new legal precedent involving modern Pagans that you might not have expected. An American in a relationship with a married British man, and having born his child, was granted the right to stay in the UK on the grounds that she and her child have a “human right to family life.” Here’s the twist, the British man, Alan Caulfield, and his wife Anne-Marie, claim they can’t get divorced due their Odinist faith, and they all now live together in the same flat.
“Miss DiSanto’s application succeeded after the Home Office dropped its objection on the grounds of bigamy, and she made two appeals. In the course of the appeals, her lawyer said the Caulfields no longer had a sexual relationship but could not divorce on religious grounds, as all three worship the Norse gods, including Odin and Thor. [...] Miss DiSanto, from Chicago, arrived in Britain on a visitor’s visa in December that year, already pregnant with Mr Caulfield’s baby. They met in April 2008, but it is not known how. She gave birth to a daughter in July the following year and now lives with Mr Caulfield, 29, and his 28-year-old wife, who works as a nanny, in a three-bedroomed semi-detached property in Eltham, south-east London.”
The Telegraph is quick to point out that The Odinic Rite, the most prominent Odinist group in the UK, does indeed allow divorce among its membership and that the trio must be practicing their own form of the religion that prohibits divorce. Many see this case as a landmark because it opens the door for interpretations of family life within the context of immigration that could include polygamy and polyamory. The Home Office, which oversees immigration, issued a statement saying they would seek to reform Britain’s immigration laws to prevent such rulings in the future.
“For too long Article 8 has been used to place the family rights of immigration offenders above the rights of the British public. This is why we will change the immigration rules to reinforce the public interest in seeing those who have breached our immigration laws removed from this country.”
While I’m sure that there were some who were expecting a ruling like this at some point, I doubt any of them thought it would happen with an American, and with Odinists. The Telegraph seems first out of the gate with this story, so no doubt we’ll be hearing much more about this soon from other media outlets, and from Pagans and Heathens in Britain. I’ll be keeping an eye on the fallout from this development as things move forward.