A judge in Indiana has ordered divorced parents, who are both Wiccan, not to teach their son their religion, as part of their divorce decree.
Parents can't teach pagan beliefs
Is this unConstitutional? You bet your bippy it is.
First, this is religious discrimination, against the family's practice of their faith, by the state's judiciary (which means it's a state "action"), which violates the equal protection clause of the 14th Amendment. Where's the compelling state interest that's being served by a narrowly tailored means?
The fact that the judge did this at all is highly questionable. The religious upbringing of the child was not in question - both parents are of the same faith. There was no religious dispute as part of the divorce decree. So, what, the possiblity of little Junior coming home one day and asking why his classmates go to Christmas Mass is supposed to be a big deal? The awareness of other faiths is somehow so damaging to this kid's psyche as to represent a compelling interest for the state? Well, howdy-do, let's just bundle those kids up in bubblewrap and put them on a shelf their whole lives.
Second, this is the state interfering with the parental rights regarding the upbringing of a child, which violates their substantive due process right to privacy.
What was this judge thinking? That's what I'd know.