MedicCook
09-30-2006, 05:14 AM
Court: Dad can teach polygamy to girl
HARRISBURG, Pennsylvania (AP) -- A father may teach his minor daughter about polygamy if the discussion does not present her with "a grave threat of harm," the Pennsylvania state Supreme Court said in a custody-case ruling released Thursday.
The 5-1 decision allowed Stanley M. Shepp, a York County man whose Mormon fundamentalist beliefs endorse polygamy, to talk about plural marriages and multiple wives even though bigamy is illegal under state law.
"Where, as in the instant matter, there is no finding that discussing such matters constitutes a grave threat of harm to the child, there is insufficient basis for the court to infringe on a parent's constitutionally protected right to speak to a child about religion as he or she sees fit," wrote Justice Sandra Schultz Newman in an opinion joined by three others.
A county judge had prohibited Shepp from teaching the child about his polygamist beliefs -- at least until she turned 18 -- and that decision was upheld by the state Superior Court.
The girl's mother, Tracey L. Roberts, testified that she was concerned Shepp may introduce their daughter to men in preparation for marriage at age 13, according to the court opinion.
Roberts and Shepp have joint legal custody of the girl, who is now 13.
Newman wrote that the state's interest in enforcing the anti-bigamy law "is not an interest of the 'highest order"' that would trump a parent's right to tell a child about deeply held religious beliefs.
A court may prohibit a parent from advocating religious beliefs that amount to a crime if doing so jeopardizes the child's physical or mental health or safety, or potentially creates significant social burdens, Newman wrote.
In a dissent, Justice Max Baer said he would uphold the lower-court order because the father's behavior presents a grave threat to the child and because polygamy is "inimical to society as a whole."
Roberts and Shepp met at a Mormon church in York in 1991 and married a year later, but she eventually brought his growing interest in polygamy to the attention of church elders.
The couple separated in 2000. Shepp was excommunicated from the Church of Jesus Christ of Latter-day Saints, which renounced polygamy more than a century ago, shortly before their divorce. He later remarried.
During a court hearing, Shepp testified that he preferred to tell his children when they are young about his lifestyle rather than "all of a sudden pop something on them like that."
Roberts' daughter from a previous marriage testified that Shepp once suggested that "since I was already living in the house and we were already related, that it would be a good idea for us to be married," according to court documents. Shepp denied that allegation.
Neither Roberts nor Shepp appeared to have listed phone numbers, and their respective attorneys did not immediately return phone messages seeking comment Thursday.
Justice J. Michael Eakin issued an opinion that joined the majority in allowing the father to teach the girl about polygamy, but said he disagreed with their analysis of the constitutional issues involved.
http://www.cnn.com/2006/LAW/09/28/teaching.polygamy.ap/index.html
HARRISBURG, Pennsylvania (AP) -- A father may teach his minor daughter about polygamy if the discussion does not present her with "a grave threat of harm," the Pennsylvania state Supreme Court said in a custody-case ruling released Thursday.
The 5-1 decision allowed Stanley M. Shepp, a York County man whose Mormon fundamentalist beliefs endorse polygamy, to talk about plural marriages and multiple wives even though bigamy is illegal under state law.
"Where, as in the instant matter, there is no finding that discussing such matters constitutes a grave threat of harm to the child, there is insufficient basis for the court to infringe on a parent's constitutionally protected right to speak to a child about religion as he or she sees fit," wrote Justice Sandra Schultz Newman in an opinion joined by three others.
A county judge had prohibited Shepp from teaching the child about his polygamist beliefs -- at least until she turned 18 -- and that decision was upheld by the state Superior Court.
The girl's mother, Tracey L. Roberts, testified that she was concerned Shepp may introduce their daughter to men in preparation for marriage at age 13, according to the court opinion.
Roberts and Shepp have joint legal custody of the girl, who is now 13.
Newman wrote that the state's interest in enforcing the anti-bigamy law "is not an interest of the 'highest order"' that would trump a parent's right to tell a child about deeply held religious beliefs.
A court may prohibit a parent from advocating religious beliefs that amount to a crime if doing so jeopardizes the child's physical or mental health or safety, or potentially creates significant social burdens, Newman wrote.
In a dissent, Justice Max Baer said he would uphold the lower-court order because the father's behavior presents a grave threat to the child and because polygamy is "inimical to society as a whole."
Roberts and Shepp met at a Mormon church in York in 1991 and married a year later, but she eventually brought his growing interest in polygamy to the attention of church elders.
The couple separated in 2000. Shepp was excommunicated from the Church of Jesus Christ of Latter-day Saints, which renounced polygamy more than a century ago, shortly before their divorce. He later remarried.
During a court hearing, Shepp testified that he preferred to tell his children when they are young about his lifestyle rather than "all of a sudden pop something on them like that."
Roberts' daughter from a previous marriage testified that Shepp once suggested that "since I was already living in the house and we were already related, that it would be a good idea for us to be married," according to court documents. Shepp denied that allegation.
Neither Roberts nor Shepp appeared to have listed phone numbers, and their respective attorneys did not immediately return phone messages seeking comment Thursday.
Justice J. Michael Eakin issued an opinion that joined the majority in allowing the father to teach the girl about polygamy, but said he disagreed with their analysis of the constitutional issues involved.
http://www.cnn.com/2006/LAW/09/28/teaching.polygamy.ap/index.html