“Now, I realize I may sound like a preacher here, but this is, after all, one point of contention raised by the plaintiff, and I must answer it.” Corrigan brightened a bit as a thought hit him. “But maybe it would be appropriate for me to point out right here that clearly this is a religious matter. Your Honor, we are discussing religious doctrine, and in a court of law! Yes, Your Honor, we do challenge the plaintiff’s contention that any excessive religious instruction has occurred that would be harmful to Amber. But also, we remind the court that through this complaint, the plaintiff has asked the state to rule on the propriety of a particular religious belief, and this is something the state is constitutionally barred from doing.”
You got them there, thought Tom.
“We also deny any harassment or discrimination, and as the court file shows, even though the plaintiff has obtained the professional opinion of Dr. Mandanhi regarding alleged trauma to the child, the plaintiff has failed to prove any specific allegations of excessive or outrageous behavior.”
The judge looked up from her notes with a quizzical expression. “Counselor, your brief included at least a cursory reference to the alleged ‘outrageous religious behavior’ cited by the plaintiff. Do you now deny the plaintiff’s allegation that Mr. Harris attempted to cast a demon out of the child?”
Tom and Mark were certain that Corrigan would be cornered on this one, but he didn’t seem to balk at the question. Apparently he’d done a lot of thinking about it. “The allegation is open to challenge, Your Honor, inasmuch as there could be many different interpretations, many different definitions of the word ‘demon.’”
The judge leaned forward, lowering her chin to just inches above the bench. “Would it be fair to suppose a Judeo-Christian or Biblical interpretation of the word ‘demon’ in this case?”
Tom could feel his heart pounding and his stomach turning into knots.
Corrigan drew a breath and came back with his answer. “I suppose it would, Your Honor, but then, even within the parameters of a Biblical interpretation, you would have to decide between . . . uh . . . whether it would be a liberal, allegorical interpretation of the word, or the more fundamentalist, literal interpretation . . .”
The judge smiled just a little. Someone in the courtroom snickered. “I suppose we could belabor that point, counselor, and indeed enter into a theological argument. Please proceed.”
Tom looked at Mark. Was that a good or bad sign? They couldn’t help trying to guess what the judge was thinking.
Corrigan tried to cap off his argument. “We are here today, Your Honor, to show just cause why we should not be restrained from certain activities. Well, first of all, I would argue that these allegations of activities are spurious and unfounded at best, and that the plaintiff in this case has fallen sadly short of proving the truth of any of them. This being the case, a restraining order against the school is simply uncalled for, and I would suggest entails a violation of the separation of church and state, in that the state is encroaching on the free exercise of religion by the Good Shepherd Academy by placing itself in a position to decide for the Academy what is acceptable religion and what is not. I hope that we will not find that kind of a situation developing here, and that this restraining order will be removed. It is appropriate here for the court to remove the restraint because the plaintiff is no longer affected by the school’s policies, and no other student is a plaintiff and therefore this case is moot. Thank you very much.”
With that, Corrigan sat down.
“Thank you, Mr. Corrigan,” said Judge Fletcher.
Then came the long, second-by-second wait. Judge Emily R. Fletcher leafed through her notes, scribbled some notes next to her notes, and then stared at her notes as a tense silence fell over the great chamber.
CHAPTER 15
FINALLY JUDGE FLETCHER set down her pen and spoke, alternately looking through her reading glasses at the papers in front of her and then looking over them at the lawyers, litigants, observers, and television cameras.
“I doubt that either side will be entirely pleased with my decision, but contrary to Mr. Jefferson’s opening assertion, this is a difficult case, and it puts me in an even more difficult position, where I’m called upon to balance, as it were, the Constitution and the best interests of a ten-year-old child. In trying to achieve that kind of balance, it’s inevitable that both sides in this dispute are going to lose something and find their respective desires not totally satisfied.
“I’ve read the file and heard the arguments of counsel. I believe this is a case where some injunctive relief is warranted. However, there are some strong and some weak arguments on both sides, and some issues that seem to me to be, at least at this point, unarguable. I’ll address the separate complaints one by one.
“To go down the list . . . pertaining to ‘Outrageous Religious Behavior Against a Child,’ I agree with the Constitution that there is a place for individual religious persuasion and practice. But I hold that there is certainly a place for proper restraint, and no place at all for any violation of the laws of the state. The complaint of the plaintiff is clear and direct, that Amber was harassed and effectively branded as someone possessed by a spirit, a demon, whatever the definition of that word might be. I do believe the propriety of such behavior should be called into question; I think this protection should remain. Therefore, the restraining order against such behavior shall issue until the matter is resolved in trial.
“I will say the same for any further spanking of any child at the Academy. The state has an interest in protecting its children, and there have been many cases where corporal punishment has been found to be inappropriate. While religious conviction has its rightful place in our society, the possibility of child abuse still exists, and therefore I think it is appropriate that a restraining order should issue along the lines requested by Mrs. Brandon, and that the matter proceed to trial.
“As for the next three complaints, ‘Excessive Religious Instruction Harmful to the Child,’ ‘Harassment,’ and ‘Discrimination,’ I would agree with Mr. Corrigan that these are rather vague complaints that have not been established to the satisfaction of the court as harmful to the children. The court agrees that these are religious matters, and it is clear that the religious position of the Academy was well-advertised and clearly stated so that Mrs. Brandon was aware of the religious nature of the Academy before enrolling her child. If the plaintiff argues that such beliefs and teaching are inappropriate for any child, then let counsel build a case and present it in trial.
“As for the final complaint, ‘Religious Indoctrination Using Federal Funds,’ Mrs. Brandon has removed her daughter from the school, and as long as no further tuition is paid to the school out of Mrs. Brandon’s salary, there is, in my opinion, no further violation of the law, and no further harm done until this matter can be decided in trial. The restraint is moot, then, and therefore removed.
“I will sign the appropriate written order when completed by counsel. Counsel should discuss the appropriate bond to be placed in the order. If you cannot agree, call my clerk.
“I am withholding a ruling at this time on the production order plaintiffs seek. I’m concerned about that. Further argument may be needed, or it may be moot, but it is an important issue.
“By this order I’m not saying the plaintiff’s claims are unfounded, just that all the restraint requested pending trial is not warranted. The whole matter will proceed to trial in due course.” She picked up the gavel and rapped it sharply. “This court is in recess.”
“All rise,” said the bailiff, and they all rose, and the muttering and mumbling started as Judge Fletcher left the room.
“Now what?” Tom asked.
“Now we dodge the reporters and get out of here,” said Corrigan.
“How did we do?” asked Mark as Cathy took his arm and listened.
“Well, we still have a long battle ahead of us. To review, your school can stay open and you can keep teaching your normal curriculum,
but spanking is out and casting out demons is taboo. The judge says you don’t have to produce the names and financial records of any of the other kids, so that’s one hassle avoided. I would say we did pretty well, considering how it could have gone. Let’s get out of here.”
Mrs. Fields and the Parmenters were full of questions too.
“Can the school stay open?” Mrs. Fields asked.
“Yes, it’s all right,” said Tom.
Cathy gave her a hug and said, “We’re going to have a meeting with everyone and explain it all.”
Jack Parmenter was still itching for a fight. “We’ve got to get that . . . that Jefferson punk. We don’t have to stand for that kind of talk!”
“Let’s talk about all that somewhere else,” said Corrigan.
He led the way, and the others followed in a single file through the courtroom doors.
The camera lights were blinding; it was like daylight in the hall outside.
“Mr. Harris!” came the first reporter. “What is your reaction to the judge’s ruling?”
“No comment,” said Wayne Corrigan.
“What about your children?” asked another reporter. “How long have they been removed from your home?”
So much for the judge’s order, Tom thought.
“Is it true that you tried to exorcise a demon from the child?” said a lady, shoving a microphone in Tom’s face.
Corrigan grabbed the microphone. “We intend to try our case in a court of law, not in the press. Thank you.”
More questions.
“Let’s go,” Corrigan said to Tom and the others.
They kept moving, even slinking, through the crowd.
They passed a cluster of reporters and cameras gathered around Lucy Brandon and her two lawyers. Jefferson was holding forth with quite a comment for the press. “. . . The judge’s decision was just what we expected. While we can’t believe that anyone would allow their children to be subjected to this kind of curriculum and the harsh treatment it requires, I can understand why the judge was reluctant to rule on the abbreviated evidence that one can produce for a short-notice hearing such as this. We are, however, pleased that the judge chose to protect the children of Bacon’s Corner from further physical abuse at the hands of Tom Harris and his staff . . . these fundamentalists.”
Tom heard all that and turned. He had to say something. He couldn’t let that get into the press.
“Come on, let’s just go,” said Corrigan, tugging at his arm.
They hurried from the courthouse.
THE WEDNESDAY NIGHT prayer meeting at Mark and Cathy’s house was packed. Attendance wasn’t that bad on any normal Wednesday night, but this night was not normal at all, and there weren’t enough chairs for everyone.
All the board members were there along with their wives, as were some of the people on the prayer chain: Donna Hemphile, Lester and Dolly Sutter, Tim and Becky Farmer, Brent and Amy Ryan, and the widow Alice Buckmeier. Ben Cole was there with his wife Bev; Mrs. Fields was there, even though she regularly attended the local Baptist church on Wednesday nights. Wayne Corrigan was there as well and would probably be the center of attention.
The one person noticeably absent was Tom Harris. He’d taken his leave of absence, and felt compelled to keep his distance. Besides, Mark felt the evening’s discussion would be freer and any grievances could be more easily voiced if he was not there, and Tom agreed with that.
Some other absences were a little unsettling to Mark, who, being the pastor, was more prone to notice. Andrea and Wes Jessup, who usually attended the midweek meeting, were absent, as were the Wingers. Mark knew why they were gone. There were still some disgruntled people out there who needed to have their fears and false information cleared up, and naturally, being the ones who needed most to be here, they were not. Dealing with them was going to be a tough and unpleasant project.
In all, the house had to be holding no less than fifty people. This had to be a crisis indeed.
But the house was also filled with other visitors, no less than fifty, almost an even match in attendance. Tal was there, along with Guilo, recently returned from his surveillance near the mountain town of Summit; Nathan and Armoth were ready at Tal’s side, and at their command was a formidable troop of warriors. Mota and Signa, having completed their assignment at the elementary school, were in attendance and overseeing the hedge of guards now surrounding the house. This would be one meeting uninvaded by any marauding spirits.
“Messengers are ready,” Nathan reported. “All they need is a word from you.”
Tal looked around the room and managed a grim smile. “Maybe we’ll get a better idea where the trouble is, and where our prayer cover went. May the Lord grant His people a special portion of His wisdom tonight.” He took one more look around the room and then said, “The messengers will wait for my word.”
“Done.”
“What of Sally Roe?”
Chimon stepped forward. “Scion and I have just delivered her into Cree and Si’s care. They’re escorting her to the Omega Center.”
“Good. Go immediately to Bentmore and prepare the way for her there.”
“Done.”
Chimon and Scion vanished to their next assignment.
Wayne Corrigan stood to address the group and field their questions.
“I would say it was about a fifty percent victory,” he said, “which is a positive way of looking at it. The Academy should be able to run smoothly without too much interruption—”
“Until some of those kids find out you can’t paddle ’em,” said Tim Farmer, who was a farmer, showed a missing tooth whenever he grinned, and had his boy in the Academy’s fifth grade. “Whatever you do, don’t tell Jesse about this!”
They all laughed. They were glad it was Jesse’s father who’d said it.
“You will be under a handicap, certainly,” said Corrigan. “You’ll have to come up with some other means to deal with discipline problems.”
Judy Waring, always the hearer and bearer of bad tidings, was bursting to say her piece. “Well, I want to know what got us into all this trouble to begin with! Just what is Tom Harris doing with our kids?”
“Judy!” Mark cut in. “We’re here to cover that to everyone’s satisfaction, don’t worry.”
Amy Ryan asked a simple question. “Mark, could we hear it from you? Did Tom try to cast a demon out of this little Brandon girl?”
Mark knew he was going to have trouble as soon as he said it. “Yes, he did. She was—”
“Now there was a dumb move,” piped Brent, Amy’s husband. He was a muscular public utilities contractor who considered his areas of competence to be natural gas, the Word of God, and dumb moves. “How did he know if it was a demon or not?”
Judy Waring was more than ready to whip that horse. “He didn’t have any idea what he was doing, and now he’s gotten our school into hot water it’ll never get out of!”
Mark tried to restore order, and had to speak in firm tones. “All right, everybody. Now before we all run off in a hundred different directions, let’s just be quiet and first hear what Wayne has to say. Direct your questions to him, one at a time!”
“We’ve done something wrong,” Judy insisted. “We wouldn’t be in court if we didn’t do something wrong.”
“Judy!”
She closed her lips, but with a defiant expression.
“Come on, saints,” said Tal, “you can do better than that!”
Guilo muttered, “You were wondering where our prayer cover went?”
Wayne Corrigan tried to start again. “I want to give you an accurate picture, but also I don’t want to sound too negative. We are in the middle of a lawsuit, but it’s not the end of the world . . . or of the school. It’s possible we can pull through this thing and come out unscathed with the help of the Lord and everyone who can pitch in. For right now, the school is under a restraining order forbidding the use of spanking or of any religious behavior that could be construed as harmful
to children.”
“Casting out demons . . .” Brent muttered under his breath. Everyone heard him.
“No, now let me comment on that right now. You have to realize how the system works, and how the ACFA works. Casting out demons isn’t the ultimate point of all this. It’s just the issue that keeps moving to the forefront because it’s sensational in nature and mostly because it involves a child. The ACFA knows that and they’re playing it for all it’s worth, making it the rallying point.
“But it would be better to follow and watch the phrase, ‘outrageous religious behavior.’ You see, what could happen in this case is that the courts—for the sake of a child—will have to rule that some particular action by a religious group constitutes outrageous religious behavior; once that legal precedent is set, it can be used in future cases to widen the original definition of just what kind of religious behavior is outrageous and can be legally challenged, whether a child is involved or not. We would ultimately open the gate for the courts to establish what kind of religious belief is acceptable and what is not, to put it bluntly.”
“But what about religious freedom?” asked Lester Sutter, one of the senior citizens of the congregation. “Since when does the government tell us how to live our lives and how to raise our children?”
“Exactly. That is the real issue here, and I want all of you to understand that. This lawsuit is not about spanking or demons or anything else. The ACFA is behind this whole thing, and you can be sure they are working to set some legal precedents that will give the federal government the power to control religion and religious schools.”
“They can’t do that!” said Amy Ryan.