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Archive for the Tag 'custody case'

A Few Quick Items

I’m out on the road today, but I did want to share a few news items of interest. First off, the Chicago-based web publication Gapers Block features a review of a recent Pagan unity ritual and appearance by Oberon Zell-Ravenheart. While starting off pretty snarky, the journalist is ultimately taken in by the experience.

“People are circling the candlelit altar, clapping and stomping and screaming with abandon. Suddenly, the chant drops out, giving way to a wordless, pulsating hum. It’s a totally spontaneous, genuinely moving moment, and it sends shivers down my spine. I forget, for a moment, all about wizards and unicorns, forget that I mostly came here looking for a cheap laugh; the simple joy of being in a room full of people, singing and dancing and feeling at one, is more magic than I could have hoped for, and if this is the sort of spell that Oberon Zell-Ravenheart is capable of casting, then perhaps his claims to wizardry are not as far-fetched as I’d believed.”

You have to wonder how many skeptical journalists have been won over by better-than-expected rituals over the years. If you want to see the ritual in question, it’s up on Youtube.

Meanwhile, in New Jersey, Lisa Rose of the Star-Ledger explores if the economic downturn has been good for  New Age and Pagan belief systems and businesses.

“Like Reynolds, who is a Wiccan, a growing number of Jerseyans are exploring alternate routes to their spiritualilty — rather than joining a church, synagogue or mosque — to cope with the economic tailspin. While she’s been studying the stars and worshiping the earth for decades, there are plenty of novices shopping for inner wisdom at New Age stores and botanicas. “People are looking for something,” says Kim Sandak, owner of Whispers of Enlightenment, a New Age store in Hewitt. She reports healthy sales since she opened in October.”

Apparently “green”, “healthy”, and other counter-cultural businesses are also weathering the current downturn well. Whether this perceived trend continues, or even really exists outside individual cases, remains to be seen.

In a final note, we have an update on the controversial case of a Canadian mother and Odinist who had her child taken away after she was sent to school with a swastika and “white supremacist symbols” drawn on her arm.

“On Tuesday, another social worker testified the girl said she was missing school because her mom and stepfather didn’t wake her up on time. She told the social worker that her stepfather made the rules in the house, that he was angry and would get drunk, and that he didn’t make meals, or change her brother’s diaper often enough. The girl, now eight years old, went to school with white supremacist symbols drawn on her skin in March 2008. Her teacher scrubbed them off in the afternoon, but the girl showed up again the next day with another one, along with other white supremacist symbols drawn on her body. CFS caseworkers were alerted and went to the family’s apartment, where they found neo-Nazi symbols and flags, and took custody of the couple’s two-year-old son. CFS officials picked up the daughter at her school. The children have been in foster care since then.”

The stepfather is filing a constitutional challenge, while the mother is hoping to tell “her side of the story” and says that the social workers are lying about her and her daughter. You can read my original coverage of this issue, here.

That’s all I have for right now, have a great day!

2 responses so far

Witchcraft, Custody Battles, Famous People

I’ve written before of how spouses will use claims of “witchcraft” – or allegiance to a Pagan/esoteric religion -  to sway a judge their way in a custody battle. Often these gambits succeed because they take place in conservative (religiously and politically) areas, and because the accused can’t afford an expensive legal team or protracted litigation in order to fight judicial misconduct (though sometimes it succeeds even when the case is appealed). Now, I believe for the first time ever, claims of “witchcraft” and supernatural malfeasance have been used in a high-profile celebrity custody case.

“Lost” star [Naveen Andrews ] and Elena Eustache, the mother of three-year-old Naveen Joshua, were in L.A. County Superior Court, where a judge changed the custody order after Elena allegedly took the boy out of L.A. County without permission … Elena has alleged Naveen’s girlfriend, Barbara Hershey, practices witchcraft and that Naveen and Hershey have poisoned the boy. In response, Wasser asked the judge to order Elena to undergo psychiatric testing.

So I guess you see what happens when that tactic is applied to someone who is famous, rich, and capable of hiring the best lawyers on the planet (it probably didn’t hurt that this took place in L.A.). The accuser is forced to undergo psychiatric testing, while the accused (and the accused’s famous girlfriend) gets full custody. As to whether actress Barbara Hershey actually “practices witchcraft”, who’s to say? Most likely she is involved in the usual cocktail of vague New Age-y spirituality and positive-thinking stuff that so many Hollywood types find attractive, but I doubt she’s drawing down the moon or chanting the Witches’ rune. While most custody battles are usually horrible affairs for all involved, I can hope that one positive thing to come from this particular case is the beginning of the end for the “witchcraft tactic” in courtrooms.

4 responses so far

Slandered "Wiccan" Denied Rehearing

Did talk of a mother’s (alleged) adherence to Wicca cause her to lose custody of her child? That is the allegation of Andrea Hicks, who said that Chicot County Circuit Judge Robert Vittitow improperly considered her religious views in his ruling.

“In her appeal of Chicot County Circuit Judge Robert Vittitow’s decision, the mother noted Vittitow described Wicca in his opinion letter as ‘a religion, movement, cult or whatever it that may be.’ The judge also wrote that while the mother testified she was only joking when she told the boy’s father that she was involved with Wicca, the ‘court believes she is much more involved than she would lead us to believe.’”

Hicks’ first appeal was denied, even though the two dissenting judges believed that the ruling ‘impermissibly considered’ her faith. You can read the opinions of the judges on the appeal court, here (Andrea Hicks v. Joshua A. Cook). Now, somewhat unsurprisingly, a motion to rehear the appeal has been denied with the same justices dissenting.

“In a dissenting opinion Wednesday, Hart said Circuit Judge Robert Vittitow interrogated the mother about the practice of Wicca and made an explicit finding that she was practicing Wicca in his written order. Even if the mother did practice Wicca, “there is absolutely no evidence that practicing Wicca was in an way harmful to the child,” Hart wrote. Hart also accused the child’s father of making “vile and slanderous” statements in his response to the petition for rehearing…”

It is becoming blatantly obvious that a miscarriage of justice is happening here. Why don’t a majority of the Appeals Court judges see it too? The Arkansas Blog has a possible theory.

“Judges Robert Gladwin, David Glover, Wendell Griffen and Pryce Marshall formed the all-male majority in favor of the mother losing custody. Judges Jo Hart and Sarah Heffley formed the all-female dissent.”

So a guy accuses his wife of being a witch in court to a male judge and wins custody, and when the decision is appealed, it, and a subsequent petition for a rehearing, are voted down across gender lines? I’m no patriarchy conspiracy theorist or anything, but this stinks to high heaven. Judge Jo Hart obviously thinks so too.

“As the appellant points out, this court committed a clear error by ignoring the obvious fact that the trial judge based his change-of-custody decision in large part on his finding that the appellant was a participant in some nefarious “cult.”

…As I stated in my dissent, even if it were proven that the appellant was a practicing Wiccan, that conclusion can have no bearing on the decision to change custody. The majority makes a clear mistake of fact because there is absolutely no evidence that practicing Wicca was in any way harmful to the child or even that there were any practices conducted in the child’s presence. Accordingly, this cannot be a reason for changing custody.

… Finally, I am compelled to mention that the appellee’s intemperate response to the appellant’s rehearing petition was not only inappropriate but was vile and slanderous. He argues, among other things, that the majority was correct to allow the trial court to make a custody decision based on his perception of the appellant’s religious beliefs because not all religions are worthy of constitutional protection. He denigrates Mormons, asserting that “Mormons practice incest and child marriages,” and proclaims that “Wicca is a cult, not a religious belief.” He admonishes that “this court is committing a grievous error if it allows cult activities to be protected” and that the “trial judge appropriately ruled in this case after carefully considering the facts.” In light of the appellee’s further illumination of this issue, I simply cannot say that the trial court’s decision was “appropriate.” I lament that this court has accepted the appellee’s invitation to embark on a grand inquisition.”

This case needs some national attention, and some serious legal muscle, immediately. If this is allowed to stand, you better not be a Pagan thinking of getting a divorce in Arkansas any time soon.

6 responses so far

(Pagan) News of Note

My semi-regular round-up of articles, essays, and opinions of note for discerning Pagans and Heathens.

We start off with news of a custody case involving accusations of anti-Wiccan judicial bias. An Arkansas woman, who says she lost custody of her son due to the judge’s perceptions of Wicca, has lost her appeal to the state Court of Appeals.

“A Southeast Arkansas woman who argued she lost custody of her son because of a judge’s perception of her alleged practice of Wicca lost her appeal Wednesday before a divided state Court of Appeals Wednesday. In a 4-2 ruling, the appeals court affirmed a decision granting custody to the child’s father, though the judges disagreed on whether the lower court considered the mother’s religious beliefs. In her appeal of Chicot County Circuit Judge Robert Vittitow’s decision, the mother noted Vittitow described Wicca in his opinion letter as ‘a religion, movement, cult or whatever it that may be.’ The judge also wrote that while the mother testified she was only joking when she told the boy’s father that she was involved with Wicca, the ‘court believes she is much more involved than she would lead us to believe.’”

The two dissenting judges claim that the majority simply ’set aside’ concerns over religious bias and that the initial ruling ‘impermissibly considered’ her religious beliefs. You can read the opinions of the judges on the appeal court, here (Andrea Hicks v. Joshua A. Cook). There is no word if Ms. Hicks will attempt, or be able to, appeal to a higher court. Considering the fact that one of the dissenting judges accused the majority of “torturing” the law and “mishandling the judicial-review process” one would hope that this case is explored further.

Is a psychic fair secular entertainment or a religious gathering? That is the question surrounding a controversial event being held on New York state property.

“The state Office of General Services, however, said the second annual Psychic Fair and Halloween Festival is just good clean fun. Psychics, astrologers, mediums, people who talk to angels, dream interpreters and tarot card readers will be on hand Oct. 29 at the Empire State Plaza’s concourse, where thousands of state workers pass daily … “These vendors who are coming are strictly entertainment,” said OGS spokesman Brad Maione, noting the fair isn’t a cost to state taxpayers.”

Rev. Jason McGuire calls the event a breach of church-state separation that contains “Satanic” and “occult” elements, while Dennis Poust, Director of Communications at New York State Catholic Conference, is a tad more measured in tone.

“I’m not saying these psychics are Satanists, though. The Catholic church does warn against divination, which is foretelling the future.”

I personally think its funny how many conservative Christians only seem to care about the separation of Church and State when it doesn’t immediately favor them. As for psychic fairs, anyone who hasn’t gone to one might be surprised that money and commerce, not religion, is the primary order of the day. A decidedly secular and multi-faith activity in our capitalistic society.

Was Jesus a magician in addition to (allegedly) being the Messiah? A pot that may contain the earliest written reference to Christ marks him as a magus.

“A team of scientists led by renowned French marine archaeologist Franck Goddio recently announced that they have found a bowl, dating to between the late 2nd century B.C. and the early 1st century A.D., that is engraved with what they believe could be the world’s first known reference to Christ … The full engraving on the bowl reads, ‘DIA CHRSTOU O GOISTAIS,’ which has been interpreted by the excavation team to mean either, ‘by Christ the magician’ or, ‘the magician by Christ.’”

The bowl could provide further proof of the intertwining of Christianity and paganism in the ancient world. Scientists also speculate that the bowl may have been used for divination purposes, which would certainly add a new twist to arguments against psychic practitioners by conservative Christians. Thanks to Megan for pointing me towards this story.

Looks like the Pagans, atheists, Buddhists, UUs, and other groups need to step up, because San Leandro middle school has decided to allow religious organizations to distribute flyers to children in classrooms.

“Last spring, Pastor Derek Jung of the Fundamental Gospel Baptist Church of San Leandro challenged the district when it refused to distribute a flyer about vacation Bible school. “I was shocked we were the first church that had ever used their system,” Jung said on Tuesday. Armed with legal advice from the Florida-based Christian Law Association, Jung told the district that if it allowed schools to distribute information for community groups such as the YMCA, 4-H clubs, Boys and Girls Clubs or school fundraising foundations, it could not discriminate against religious organizations. District lawyers researched the issue – and agreed.”

Remember, religious inclusion means all or nothing. When this happened to a school in Virginia, they quickly switched from “all” to “none” once the Pagans and atheists started distributing flyers. So lets not miss an opportunity to see how committed this school really is to including a wide range of religious options to middle-schoolers. Thanks to Kate for tipping me off to this story.

In a final note, author and “Techgnostic” Erik Davis has one of the more thoughtful ruminations on the religion of Sarah Palin, what the connection to African witch-hunter Thomas Muthee means, and how Pagans should ultimately respond.

“Muthee’s Christianity trumps witchcraft not by disbelieving it–in other words, by dousing it with the holy water of secular rationalism and skepticism, like mainstream Euro-American Christians have done for a couple centuries. Instead, it tries to beat witchcraft at its own game, using what one can only think of as a rival spell–the spell of the Word. It’s all about power and manifestation, the shape-shifting of social perception. But notice this: the game only really works if witchcraft remains, as the professor said, a reality.”

As for what Pagans, occultists, and other magic-workers concerned about Palin should do? Davis suggests we all “get thy mojo working!”.

That is all I have for now, have a great day!

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(Pagan) News of Note

My semi-regular round-up of articles, essays, and opinions of note for discerning Pagans and Heathens.

I want to start with an update on an older story. Rachel “Reverend Magdalen” Bevilacqua, a Subgenius who has gone through nearly two years of custody battles, is making a final push to ensure the legal system is no longer used against her arbitrarily by her ex-husband. Bevilacqua has endured a truly bizarre chain of events that included defending her involvement in adults-only Subgenius events.

“We’ve made it so far from the days when I lived in a 10 by 12 box apartment crying myself to sleep every night, never knowing how my son was, never knowing if I would ever get him back. We’re so close to being free from the threat of being compelled to return to Orleans County, which has hung over our heads since my son was a baby. All we need is $2,500 to get started, with a full retainer of $5,000. Of course, if things go badly, it could run into another $80-$100,000, but I’m focusing my slack waves on the thought that this new Judge Griffiths is going to be reasonable and let us go. If everyone who receives this email donates just $10, it would easily cover Mr. Goewey’s fees. I realize this is the worst possible time to ask for money again, with gas prices and food prices and unemployment the way they are, but I can’t raise more than about $1,500 on my own, not by September 26 anyway. I’m forced to once again appeal to you, who’ve helped our family so much in the past, or one more push to finally get free.”

I recommend reading the exhaustive run-down of this case at Modemac’s The High Weirdness Project: Part 1, Part 2, Part 3. Cases like this are indicative of the struggles faced by parents who are adherents to minority religions. As more parents use religion as a “wedge” in custody battles, Reverend Magdalen’s case threatens to become a mere statistic in a larger trend of parents having to defend their faith in court.

Tim Harford at The Financial Times looks at the economics of witch-hunts and (unsurprisingly) finds that hard times often translate into dangerous times for people who live on the margins of society.

“Edward Miguel, an economist at the University of California, Berkeley, and co-author of Economic Gangsters, a book about the economics of crime, corruption and war, has studied the Tanzanian situation. He argues that there is a direct economic motive for the attacks. Tough times in a Tanzanian household may well result in starvation, and the elderly – especially women – are at risk of being sacrificed to free resources. As evidence, Miguel points out that victims of witch attacks in Meatu district – almost all old women – tend to be from the poorest households. The murders are much more common during years of drought or flood.”

Harford also notes the research of Emily Oster, who ties the European witch-hunts to extremely cold weather during the “Little Ice Age”. So if economic hard times translate into witch-hunts, what is the solution? A more robust social safety net.

“If the problem truly is an economic one, the solution might be, too. One possibility is to give the elderly generous pensions. Witch-killings all but stopped in South Africa’s North Province after such a pension scheme was introduced in the early 1990s.”

In other words, the more secure people feel, the less likely they are to look for a suspicious neighbor to persecute.

Jeffrey Weiss at the Dallas Morning News religion blog mocks the inflated growth estimates for Wicca touted in the book “Generation Hex”, calling it the “least plausible” claim for fastest growing religion he’s ever heard.

“2012 is, hm, four years from now. Wicca currently represents, hm, less than 0.3% of Americans. For that prediction to come true would take some serious magic.”

Weiss turned to the Pew Forum’s landmark U.S. Religious Landscape Survey for data instead of uncritically using the conclusions of Steve “Hour of the Witch” Wohlberg, as the book’s authors did. For more on “Generation Hex”, check out this post.

Did you know that most Wiccans don’t actually practice Witchcraft? So says The News Herald’s Ryan Young.

“Liars and practitioners of the “dark arts” have given Wicca a bad image. Most wiccans don’t practice witchcraft and the ones who do have a firm belief in using magic only for good or to survive.”

I suppose I should appreciate the sentiment instead of pointing out that Wicca is religious Witchcraft, or that the term “Wicca” is an antecedent of the word “Witch”.

Conservative commentator Bob Parks apparently had nothing better to talk about on Saturday, so he decided to mock Pagan supporters of Barack Obama.

“I am so glad Republicans aren’t this messed up. I wouldn’t be able to show my face in public.”

I hope no-one clues him in on the “messed up” beliefs of Sarah Palin’s co-religionists and supporters or else he would have to go into isolation. A friendly tip: never underestimate how weird “your side” can be, it will save you considerable heartache in the future.

In a final note, volunteers are gathering to re-chalk the famous Cerne Abbas giant.

“Britain’s most famous fertility symbol is having a makeover of epic proportions. Volunteers have been drafted in to re-chalk the 180ft tall (55m) Cerne Abbas giant, after accusations that he had become the invisible man … conservationists became concerned the naked figure had disappeared under a mass of grass and weeds, after an unusually wet summer and lack of grazing sheep from local farms.”

20 tons of chalk will be used to spruce the giant up. The efforts should be done in ten days, and locals have arranged for 50 sheep to temporarily graze the land. After all, we wouldn’t want one of Britain’s most famous fertility symbols to fall into disrepair.

That is all I have for now, have a great day!

One response so far

Racism, Odinism, and Custody Battles

The Winnipeg Free Press reports on a woman working to get custody of her two children back after her daughter arrived at school with a swastika drawn on her arm. The woman, an Odinist, claims to be “tolerant of all people” despite the fact that she is married to an admitted white supremacist, and admits to being a “white nationalist” who wears swastika-etched jewelry*.

“The day her seven-year-old daughter went to school in March with a swastika drawn on her arm, her mother said she tried to wash it off with nail polish remover but the marking stayed put. Her daughter forgot her sweater a mother gave her to cover her arm. When her mother arrived to collect her child from school, police were waiting for her. “The only thing that matters to me is my children. It’s not about politics, it’s not about anything else… it’s about what’s best for them … I’ve never forced my beliefs on my children.” The woman’s seven-year-old daughter and two-year-old son were seized by Manitoba Child and Family Services this spring due to concerns their father — an admitted white supremacist — was filling their minds with hate and marking one child’s body with racist graffiti. The children are now staying with relatives..”

One could reasonably argue that if her children have “pro-Hitler” markings on their bodies then she has done a poor job of “not forcing” the beliefs of the parents onto the children. Further, while the lines between being a merely “folkish” Germanic Heathen, and being a racist white supremacist Odinist may seem blurry and vague to some unfamiliar to the religious culture, it seems rather obvious that a line was crossed from mere Eurocentricity into neo-Nazi gutter-philosophy. Harboring a stay-at-home husband who she classifies as “flamboyantly bigoted”, and allowing Nazi-related markings to be made on her children (self-directed or not), speaks of a fundamental failure to insulate her children from toxic racism.

Now split from her husband after reading the Child and Family Service reports, the woman still entertains notions that the pro-Hitler markings were entirely self-directed, and refuses to admit any failings as a parent.

“The mother, who refused to comment on where the swastika marking came from, suggested her daughter may be responsible for other pro-Hitler markings CFS said they found on her body. “It’s entirely possible she could have drawn it on herself,” she said”

In this case, the references to “Odinism” by the mother and the press seem to be a red herring. This isn’t about religious discrimination, this is about her children being raised by a toxic racist with a criminal record who either drew or encouraged the children to draw pro-Hitler markings on their bodies. Removing them from his presence and placing them with relatives seems prudent. What do you think? Where is the line between intellectual freedom and abusive indoctrination drawn? What would you have done if you were CFS official responding to a concerned teacher’s report?

* I realize that there are some who want to reclaim the swastika from its racist/fascist connotations, but you can’t un-ring a bell. So long as the memory of Hitler, and idiots who seek to glorify him, persist, the immediate connotations of the symbol will be with racism and fascism.

11 responses so far

Religion and Custody Battles

The New York Times reports on the recent increase of custody cases that are centering around religion. While at one time custody arrangements were often fairly simple, with the mother of the child usually gaining custodial duties, nowadays more and more parents are battling it out in court and issues over religion are being used as a wedge to prove unfitness. A trend that is making many judges uneasy.

“Judges do not want to take on custody disputes rooted in religion, said lawyers like Gaetano Ferro, who until recently served as president of the American Academy of Matrimonial Lawyers. Mr. Ferro said, “How will a judge say in any rational fashion that Islam is better than Buddhism, Catholicism better than Judaism, or Methodism better than Pentecostalism?” As a result, more and more states have tried to keep custody disputes out of court by mandating mediation. But the effect has been piecemeal, and religious disputes have proven to be among the most difficult to resolve, lawyers said.”

A consequence of this trend is that custodial parents who belong to a religion that may seem strange or “cultish” to an outsider are getting their rights challenged more often, and in some cases losing custody to the parent who belongs to a more “normal” faith.

“We were easy targets because we were made to look like cultists,” Mrs. Snider, 36, said. “I think whether anyone admits it or not, almost all of the ruling had to do with religion. Nothing I had done was called into question except that.”

This trend has had reverberations within the larger modern Pagan movement. Several recent custody hearings have had the parents adherence to a Pagan faith factor into the case. One of the most notable being the infamous SubGenius custody battle, in which a mother lost custody of her son, and didn’t get it back until the biological father was imprisoned for drunken driving, she had racked up over 100,000 dollars in court costs, and was forced by a judge to remove all materials relating to the Church of the SubGenius from her home. Even after all that, she still only has “temporary” custody.

“Magdalen still does not have permanent custody of her son. Judge Punch took the case back and, for whatever reason, he has only given her a temporary custody order. This means that when Jeff gets out of jail, he could (in theory) take up the legal reins and continue harassing her once again.”

So how do we solve these problems over faith, divorce, and custody? Some states are hoping that increased mediation will help solve some of these problems.

“Some states like California and Connecticut have taken innovative steps to get parents to resolve custody issues outside court. In Connecticut, for example, those seeking a court order have to meet with a family-relations specialist in an effort to negotiate. If that fails, they attend a daylong session to settle their differences before a panel that includes a lawyer and a mental health professional.”

Meanwhile, some lawyers are pressing to give the children in such cases greater autonomy at ever younger ages.

“If Julie Ann Bergmann (the mother) and her supporters win this case it could create a legal precedent in which a minor as young as 13 could choose their own religious life despite the wishes of the parents. The ramifications for modern Paganism are immediately clear. A child who converts to a modern Pagan faith could refuse to attend Christian Church or be forced into a school that inhibited his or her religious choices. It would also help protect Pagan parents from custody challenges brought by Christian relatives (so long as the child expressed a preference for modern Paganism).”

Neither solution has made much headway in the legal system, and it seems likely that these sorts of cases will happen more often as religious minorities, and non-mainstream variations of the dominant monotheisms, continue to grow. Eventually, one of two roads will have to be taken. Completely leave out matters of faith from custody battles, or directly involve faith communities and experts on religion in the custody process. Neither path will please everyone, but our current system seems far too whimsical and uninformed to make wise decisions involving children and religions outside the mainstream.

2 responses so far

Is It Really About the Paganism?

A custody case involving a Pagan mother I mentioned on this blog a couple months ago, has gained the attention of big-time legal/political blogger Eugene Volokh who posted about the issue at The Huffington Post.

“The father may indeed have been a more suitable parent on some grounds, for instance if the mother and her fiance indeed used illegal drugs (though note that the drug use is listed as just one item among many, including the paganism), or if the mother’s online time materially affected the time she spent with her daughter (though I assume that if the mother’s problem was that she left her daughter unattended, for instance, the court would have said that rather than just pointing to her “spend[ing] a great deal of time online”). But the reference to mother’s paganism – and the view that pagans may be denied custody because their open practices risk “exposing such lifestyle to [their] child[ren]” – strikes me as a clear First Amendment violation.”

Oddly, Volokh, a libertarian legal scholar, is far more concerned about the First Amendment violations in this case than many of the Pagans reacting to it on The Witches Voice.

“I can tell you that this one was not decided based on paganism. The headline is, once again, an attention-grabber. Who would be excited by another “mother loses custody of children due to drug use and sado-masochistic behavior on her part and her fiance’s part”

The problem is that anyone can look at this case and see “drug use” and all other points become moot to the casual observer. But Volokh points out that the recreational drug-use was simply itemized along with the mother’s Paganism and her enjoyment of sado-masochism.

“[M]other and her boyfriend have a perfect right to engage in sado-masochism, paganism and their chosen sexual orientation, but nevertheless, this Court is not convinced that [they] would exercise the due diligence that is required to engage in those practices without exposing such lifestyle to the parties’ child[ and thus] adversely affect[ing]the best interests of [the child, a 4-year-old girl].”

A legal scholar (who isn’t a Pagan) is troubled by this ruling, shouldn’t we be more worked up about this? What if there was no drug use? Should a openly kinked Pagan bisexual blogging mom be denied custody of her child? Shouldn’t she at least be granted a new trial free from her religion being used as a strike against her?

2 responses so far

Bizarre Twist in SubGenius Custody Case

Earlier this month I thought I had posted the last chapter in the ongoing custody case involving a SubGenius mother and her son. Rachel “Rev. Magdalen” Bevilacqua, who had her affiliation with the satirical Church of the SubGenius used against her in court, had lost her appeal for custody and was awaiting a hearing on visitation rights so she could see her son. Then, a week ago, some truly bizarre events took place that would shake up this new status quo and has (temporarily) given custody of her son back to her.

“For legal reasons, I obviously can’t go into too many details, because there are other parties involved in this. Basically, some time last week, Jeff was in a car accident involving a brick wall, a lot of alcohol, and another passenger – NOT MAGDALEN’S SON, praise “Bob.” Because of past incidents involving him and at least one other DUI, he is now facing at least two felonies, a misdemeanor, and three traffic charges – which, combined, could land him in jail for up to eleven years. All of this means that, due to the sudden extreme circumstances, Magdalen has temporary custody of her son at this time. There will be a new custody hearing in the middle of August. Jeff’s criminal hearing will be in September, but that is an entirely different matter.”

Even stranger is the fact that the judge on the new custody hearing is none other than Judge Punch, the same judge who recused himself after coming under fire for his fixation with the Church of the SubGenius and for calling Bevilacqua a “mentally ill” pervert. But it seems like Punch is looking at things a bit differently this time around.

“He literally took the case out of Judge Adams’ docket and inserted himself in. He is now handling the case once again, however because of everything that has happened, he is apparently viewing the case in an entirely different light.”

At this point Bevilacqua is hoping to pursue both this new custody case and appeal the ruling that keeps her from having SubGenius materials in her home (except for a locked “office”). But to do that she’ll need more funds, so if you are interested in supporting her in either case you can donate to her cause, here (or here to donate directly through Paypal). Considering all this recent craziness perhaps a certain pipe-smoking divine figure has been invoked after all. Needless to say more updates will follow as I get them.

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SubGenius Mother Loses Son

A heartbreaking custody case that has been in litigation for years has ended in tragedy. Rachel “Rev. Magdalen” Bevilacqua’s son was absconded while on a visitation to the child’s father, and subsequently she was barred from all contact with her son after photos of her at an adults-only Subgenius event were submitted by her son’s father as proof that she was an unfit parent. The original judge in the case called Bevilacqua “perverted” and “mentally ill” before stepping down under a growing scrutiny of his actions, and the father drew out proceedings for as long as possible in hopes of wearing Bevilacqua down. Now an appeals judge has ruled against Rachel Bevilacqua, giving custody to the father.



Rachel Bevilacqua with her son.

“After originally being scheduled for June 22, the decision of the appeals court in the case of Rachel Bevilacqua (Reverend Magdalen) has been announced. In a brief two-page announcement, the court has awarded custody of her son to the father. Stating that the father “deserved” custody of Magdalen’s son, the court declared that the father’s home would be his primary residence, and the matter is being referred back to family court to arrange for visitation rights for Rachel. The decision cancels a number of paragraphs of the decision of Judge Eric Adams, in January 2007. However, it does not remove Judge Adams’ order for Rachel to remove all SubGenius materials from her home. Even though her son is no longer in her custody, she still cannot keep any SubGenius materials in her own home, except for a specially designated ‘office’.”

It is unclear what will happen at this point, Bevilacqua is mired in over 70,000 dollars in legal bills (click here if your interested in helping her out with those bills), and she may not be able to afford appealing to a higher court. No official statement by Bevilacqua has been made at this time.

Whatever the final outcome, this case has been emblematic of the ongoing issues Pagans and other minority religions face in divorce and custody cases. Often what a judge doesn’t understand (or approve of) will be used against a parent in court, leading to situations like Bevilacqua’s. The only real recourse in cases like these is to slowly educate the public, form coalitions, and fight like hell to be given equal treatment under law. Until then, we are left with mockeries of justice like this custody case, where a mother in punished for her associations.

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