I wrote earlier about this case
. Fortunately, the appeal seems to have overturned the ruling to shield the tyke from his parent's non-mainstream religion. From INDYchannel.com
A judge exceeded his authority by ordering an Indianapolis Wiccan activist and his ex-wife to shield their 9-year-old son from what his decree called their "non-mainstream religious beliefs and rituals," the Indiana Court of Appeals ruled Wednesday.
The appeals court threw out the order from Marion Superior Court Judge Cale Bradford, citing a state law that gives a custodial parent the authority to determine a child's upbringing -- including religious training -- unless certain exceptions are met.
Divorcing parents can agree to allow such orders, or judges can find that certain limitations on upbringing are needed to protect the child from physical and emotional harm. [...]
Wiccans contend their religion is becoming more mainstream. The parents' appeal said there were about 1 million pagans worldwide in 2002, more than the numbers who practice Sikhism, Taoism and other established religions in the United States. Among other things, the appeal claimed the decree was unconstitutionally vague because it did not define mainstream religion.
But the appeals court based its ruling on state law. ICLU attorney Ken Falk said nobody fought the parent's challenge, so an appeal was very unlikely.
"I think the bottom line is the court said a parent has the right to determine the upbringing of their child absent some compelling or strong reason," Falk said. "I have to tell you in reading all the cases, I've never found a case where both parents agreed yet a court directed some other type of religious upbringing."