CNN highlights the efforts of a divorced father to teach his daughter about polygamy, a practice renounced by his own religion and illegal in every state. Nevertheless, religious issues present thorny issues for our courts which are limited by the first amendment’s guarantee of freedom of religion. Courts generally decline to decide which religion is best, which religion presents the most advantages for a child, which parent is most devout, or which parent’s set of beliefs is the most stable. The first amendment is not, however, an insurmountable obstacle when the child is at risk for harm or when the child has made his or her own commitment to a particular religion.
The AP story reports (excerpt):
Tracey L. Roberts isn’t trying to stop her ex-husband from voicing his support of polygamy, a belief that broke up their marriage.
But she doesn’t want him teaching their 10-year-old daughter, Kaylynne, about the practice or exposing her to it in any way. She’s won her point in a lower court but now her ex-husband, Stanley M. Shepp, has taken the case to the state Supreme Court.
“Religious discussion in the home between a parent and a child has got to be the most sacred freedom-of-speech issue ever,” Shepp said.
Counters Roberts: “It’s not an organized religion — it’s in his mind. Polygamy’s illegal everyplace, and it’s illegal for a whole lot of reasons.”
A judge in May 2002 granted Roberts and Shepp joint custody, saying Kaylynne would continue being raised in the Church of Jesus Christ of Latter-day Saints.
But Common Pleas Judge Stephen P. Linebaugh prohibited Shepp from “teaching (Kaylynne) about polygamy, plural marriages, or multiple wives,” at least until she is 18.
Shepp’s belief in polygamy, Linebaugh wrote, “if he would follow through with it, would be not only illegal in Pennsylvania, but would also be immoral and illogical. The issue is not having such a belief, but his interest in pursuing that belief, which the testimony indicates he clearly would.”
The big part of this that Mr. Shepp leaves out is the allegations by his then 12 year old step-daughter that he had her repeatedly give him head and fondle his genitals over a three year period. I read the court transcript and other documents where she alleges that he frequently lay on her bed with only a towel around his middle. She alleges he taught her that she was his 2nd wife (her mother was the first wife) and that there was nothing wrong with what they were doing because once she turned 14 they could be married in Pennsylvania. She also alleged that he repeatedly told her she was “his,” that they would be “married” and that “she would go to hell if she didn’t participate” in polygamy. This aspect of the case reveals the large underlying potential for abuse that these polygamist wannabes never reveal. The judge believed the girl over Mr. Shepp. That was a large part of why the judge thought it was not in the child’s best to be taught about polygamy. Tell the whole story, Shepp. Reminds me of the Tom Green case in Utah where he “married” a 14 year old step-daughter. This is the ugly underbelly of this issue that can’t be ignored.
Here you go again Sharif Cohen – spreading misinformation. *I* didn’t report this story. *I* didn’t leave anything out. If there was any truth to any of the allegations (which you have gotten wrong and greatly exagerrated to begin with) or if the judge would have believed the BS this girl actually *was* put up to saying, then the judge would have not only restricted my speech with my daughter, but he would have restricted my visitation altogether – and rightly so. Any bonehead should be able to see that you either have some personal gripe with me – or with polygamy in general – and that your exaggerations are moronic. I don’t know who you are – because you refuse to use your own name – but that is probably a good idea for you, because if I did know who you were, I would sue you for slander. So keep on hiding that darkness under your bushel basket. Don’t forget that in this country, men are innocent until proven guilty. If you have some evidence about me that the rest of the world doesn’t have – then take it to the police and put me in prison. Your infantile web accusations from behind this annonymous name are a pathetic reach for attention. Go away. BTW, did you hear the latest? If not – look it up on the ‘net. No evidence of harm to my daughter (or anyone else) in spite of false accusations, longer visitation times with my daughter, and visitation in Utah. Your BS spreading didn’t grow any crops. Sorry.
Stan Shepp