There was a local case, back in 2005, where a Pagan friend of mine was divorcing her Pagan husband, which involved their [then] 9-year-old son. Since their son was attending a Catholic School, the judge ruled that they were not allowed to expose their son to their "non-mainstream" religion. If memory serves me correctly, I believe it was because a case-worker and the judge felt it would be confusing for their son to attend a Catholic School and also be exposed to Paganism. The parents obtained representation from the ACLU and their story was all over the news.
Pagans and the Law: Understand Your Rights was published by The Career Press in 2003 and I instantly ordered it once I saw it on sale at amazon.com. I offered it to my friend, but she decided to just let the ACLU handle their case. I recently finished reading it and feel ready to say that I'm better prepared to defend myself in court should I ever face discrimination.
Chapter 1, Pagans and their Lawyers, and Chapter 2, Pagans and the American Court System, thoroughly go through everything you need to know to file your case. From finding a lawyer to what happens after the trial, these chapters go step-by-step through every detail of the court system.
Chapter 3, Pagans and the First Amendment, starts off with a text box containing the wording of the amendment from the U.S. Constitution, then moves on to discussing the section of the amendment pertaining to religion. Ms. Eilers, Attorney and Pagan Activist, proceeds to intelligently move through describing that section by breaking it down and explaining how the courts and the legislature have defined religion and characterizing the two clear lines of cases that arise under this section defined as the Free Exercise clause and the Establishment of Religion clause. After explaining what limitations may exist on our religious freedom, she ends this chapter with these encouraging words: "You must vigorously and actively defend your rights under the First Amendment because no one else is going to do it for you."
Chapter 4, Pagans and Child Custody, expertly covers what every Pagan parent fears and how to be prepared for court. What it boils down to is "the best interest of the child", according to the author. According to a case mentioned in this chapter, "Evidence taken at the trial level was quite detailed and included evidence of neglect and unhealthy living conditions while the children were living with their mother", and the child was taken away from the Pagan parent as a result. The advice given in this chapter is simple, get a lawyer and make sure each child is kept clean and well-fed; don't give the court a bona-fide reason for taking a child.
In Chapter 5, Pagans and Employment Discrimination, Ms. Eilers skillfully discusses three different types of cases: The Disparate Treatment Case, The Constructive Discharge Case, and The Retaliatory Discharge Case. After giving a brief description of three cases, each one resembling one of the above case types, she gives a comprehensive description of what you're entitled to collect and assures you that "…you do not have to stand for it".
For Chapter 6, Pagans and the Rent, the author sagaciously states how housing discrimination based on religion violates both federal and state law. She carefully explains the differences between the federal and state laws, where to file, and what to file.
Chapter 7, Pagans and Land Use, starts out by stating that, "Religion and property issues do not end with the rent." Free exercise and land use is adeptly explained when Ms. Eilers briefly describes a case that …shed light on the problems faced regarding ownership of land and spiritual observance." After explaining what zoning is and why we should care, she deftly talks about how Pagans have fared when trying to worship on their own property. The author proceeds to mention several cases related to religious discrimination and land use, including "The Case of the Church of the Iron Oak" that occurred in the state of Florida in 1994. It was a case that, according to Ms. Eilers, never "…roused such ire in the Pagan community…
Last, but not least, is my favorite chapter, Chapter 8, God and Government. In it, she aptly gives a thorough account of the history of religion in government dating from ancient times to as recently as November, 2002, when "Judge Roy Moore, chief justice of the Alabama State Supreme Court, received an unfavorable ruling from the federal district court regarding his placement of a religious monument in the Alabama state courthouse."
In conclusion, I'd have to say that I was most impressed with all the detail that she put into the book, including many related cases and the plethora of links she provided for further reference to the reader. The only negative points I'd have to make about this book would have to be her repetitive use of some phrases, a handful of typos and some of the links not working. In her defense about the broken links, however, I have to admit that I was able to find the pages to which most of the links were referring after doing a little searching. Despite the minor negative points, this book truly shows why, "Mingling God and government is a bad idea."
At least my Pagan friend's story had a happy ending. The appeals court felt that the first judge overstepped his bounds and the original ruling was overturned, leaving her free to decide for herself what is best for her son. She found out, as this book shows, there is much for Pagans to look out for in the legal world.
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