Teaching Wicca and Other Pagan Religions to Minors

[Lark]

With the growing popularity of Wicca and other Pagan spiritual paths in the USA there has been a growing number of minors who have been entering the community and who have been seeking help from adult teachers to further their studies.  Many of us who have been on this path for years would love to help out these new Seekers and to make certain that the information that they receive is both accurate and safe.  But there is a real problem that many of those who agree to teach minors may not be aware of and which can land them in a world of legal trouble.

The first of the legal precedents regarding the rights of parents in determining the education of their children occurred in 1923 with the Supreme Court decision in Meyer v Nebraska in which the court ruled that an individual had the right under the Constitution to raise their children in accordance with the dictates of their own conscience.  In 1925 the Supreme Court heard the case of Smith v. Society of Sisters in which the court recognized the absolute constitutional right of parents to determine the education and upbringing of their children. In actual practice one would not be charged under these Supreme Court actions.  More common state laws include “interfering with parental rights,” “interfering with the upbringing of a minor,” “contributing to the delinquency of a minor,” and so on.

So what does this mean to those of us who teach Wicca and other Pagan religions?  It means that if you are teaching minors without the full knowledge and consent of their parents you are breaking the law. 

In the US the age of majority, that age at which a child becomes legally an adult and able to make decisions for themselves is 18 in 48 states, 19 in Nebraska, and 21 in Mississippi.  Anyone under the age of 18 in the USA is seen by the law as falling under the control of their parents who have a constitutional right to determine how that child will be raised, including in the area of religion.  Any Pagan teacher who chooses to teach a minor without the consent of the parent is opening themselves up to legal action in all 50 states.  In some states that would constitute a civil tort punishable by large fines and damages.  In other states it is considered a criminal act and could result in a prison sentence.

Some Pagan teachers try to protect themselves from legal action by obtaining a signed consent from the parents prior to beginning teaching.  Although this seems like a good idea it also comes with some risk.  First of all, the minor may falsify the permission slip in order to get training they know their parents would not approve.  Secondly, according to legal advice that we obtained on the subject, should the parent decide to take the teacher to court and claim they would not have given permission if they had really known what was being taught the chances are that the unfortunate teacher would find the court unsympathetic towards them.

How does that effect those who interact with minors on the Internet?  If all you are doing is pointing the minors at good resources such as books or websites, or answering direct questions about your beliefs and practices it is unlikely that a legal case could be made against you under the laws I cited.  However, if you take on a minor as a formal student and are teaching them how to practice as you would with an adult student you have left yourself wide open to legal action.

Many of us recognize that some of the youngsters who come to us requesting training are sincere in their beliefs and would truly benefit from the training.  And those of us who teach want to make certain that those sincere Seekers find their way to good information.  At that point it is up to the teacher to decide whether their desire to teach outweighs the possible legal ramifications of their actions.

There is also the cry that goes up from those minors who are turned away because teachers cannot take the risk of possible legal action that might take their home or put them in jail.  The immediate thought is that this is “unfair.”  Actually these legal decisions are very fair in that they apply equally no matter the religion involved.  The same law seen as unfair by young Pagans also prevents actions by non-Pagans to hijack the teaching of Pagan children against the wishes of the Pagan parents. 

I think it is important to young Seekers to understand why reputable groups and individuals will not take them on as students.  And I think it is essential that anyone contemplating teaching those under the age of majority as to what the risks are that they are taking so they can make an informed decision on their course of action.

-Lark-

[Labrys]

Very good points, all.  I am a grouchy enough old lady now (apparently?!) that I seldom have teens approach me online or off.  When they did, I used to tell them to study mythology to a fine degree, and basic philosophy and history as preparation for adult study of theology of the pagan variety.

No, not what they wanted.

Another thing, a tangent of this topic, why does nobody raise their voices when Christians proselytize  among the young?  I am boggled at the silence of parents, even nominally Christian parents, when some of the more extreme right wing sects go a-hunting.  Of course, that can't be where things like the Jim Jones debacle begins, right?

Excellent and informative post, as usual, Lark.

[Lark]

Actually they sometimes do complain about over-zealous Christians that overstep the law.

There was a case in Massachusetts a few years ago when some misguided, fundamentalist minister was sending a church bus to the local school when it let out at the end of the day.  He promised the kids basketball and pizza and a lot of kids from this poor neighborhood took him up on it.  What they got were lectures on how they were all going to Hell and would not let them leave until they'd been baptized.

I don't know whether there were any Pagan children in the mix, but a number of Catholic parents and at least one Buddhist parent took him to court on just the grounds I mentioned above.  The minister was convicted and sent to the State pen for his actions.

So yes, it does happen. 

-Lark-

[Labrys]

 What they got were lectures on how they were all going to Hell and would not let them leave until they'd been baptized.

I don't know whether there were any Pagan children in the mix, but a number of Catholic parents and at least one Buddhist parent took him to court on just the grounds I mentioned above.  The minister was convicted and sent to the State pen for his actions.

Wow!  That is one of those things that makes you sigh with relief, but simultaneously go "Oh my freaking GODS!"  I mean, good he got caught and punished, but for crying out loud...what an asinine thing to DO at all.   

[Ara]

I had just turned fifteen when I ventured onto this site and began learning from Branwen, Lark, Gryphon, Shadow, Red, Sebbi, and everybody else here.  No one directly taught me, for a while I lurked until I was bold enough to post a question or comment on somebody else's post or response. 

Is this, then, teaching a minor?  I'm almost 20, now (I can't believe I've been here this long!), and I only see this site as beneficial to minors.  You aren't preaching to us, and if we choose not to listen or read a certain post or topic, that's our choice, y'know? 

I really don't know where I'm going with all of this.  I understand your reasons for posting this, Lark. 

I think there is freedom in these forums, in that we aren't doing anything wrong except learning.  At fifteen, I could venture onto this site, learn what I wanted to.  Some things (many things, actually) were wayyyy above my head at the time, and they weren't the things that I was interested in learning.  Thanks to being able to go back and read the archives, I can still learn the things that were discussed when I was too young to understand. 

This place is like the most amazing text book in the world.  I can skip a class, and re-read the chapter as much as I want.  No legal action there.

[Rowan CedarWolf]

Very good point Ara. I think sites like this one kind of bridge the gap, it protects the "adults" and provides information for the "minors" and as you said there is no direct teaching taking place so I would think it is a win, win environment.