9.18.2007
Paganism and the Law
Two recent stories bring a focus on modern Paganism and its relationship to the law. The first comes from the excellent law-blog Religion Clause, which brings to our attention a recent prisoner religious free-exercise case involving a Pagan.
"In Kay v. Bemis, (10th Cir., Sept. 11, 2007), the U.S. 10th Circuit Court of Appeals reversed a Utah district court's dismissal of a prisoner's complaint that he had been denied tarot cards, incense, and religious books. It found several errors in the trial court's approach, including its insistence that the use of tarot cards and other items be "necessary" to the practice of the prisoner's Wicca religion. The appellate court said that it is enough that the prisoner sincerely believed in use of the requested items."
It is increasingly clear in legal challenges involving religion that sincerity of belief is becoming the only true "test" for establishing an individual's religious needs. Which seems to lead us into a "post-scriptural" legal world, a situation that definitely favors faiths under the modern Pagan umbrella where personal revelation can be just as important as tradition. You can read the full opinion of the court, here.
The second story comes from The Bucks County Courier Times, and warns those getting married that Pennsylvania State law prohibits legal marriages through Internet ordination services like the Universal Life Church unless you have an established congregation. A situation that could spell trouble for Pagans performing handfastings in the area.
"A ruling issued last week by a York County Court of Common Pleas judge reinforces the rules as they relate to clergy. That ruling says weddings conducted by Internet-ordained ministers aren't valid unless those ministers have a 'regularly established church or congregation.' ... [Bucks County Register of Wills Barbara] Reilly said her office has issued marriage licenses to individuals married in Wiccan or pagan ceremonies, and those are valid as long as the person who officiated has an established church or congregation. Some couples might not find out if their marriages were performed by authorized officials until a critical moment in their marriage."
G. Martin Freeman, Universal Life Church Monastery president, is planning on challenging the ruling (though New York, North Carolina and Virginia have withstood such appeals). Until then, solitary Pagans and Heathens in PA who don't work with an established group may want to either have a judge perform the legal side of a wedding ceremony, or take the time to get legal credentials through an organization like COG.
If this backlash against Internet ordinations continues to spread (and withstand legal challenges), it could certainly provide some serious complications to those married by Pagans using ULC credentials. Perhaps this will spark the formation of more legally incorporated Pagan groups dedicated to ordaining solitaries in these situations? Only time will tell.
Labels: handfastings, law, ordinations, Paganism, Pennsylvania, Prison, Religion Clause, Universal Life Church, Wicca
Comments:
Until then, solitary Pagans and Heathens in PA who don't work with an established group may want to either have a judge perform the legal side of a wedding ceremony, or take the time to get legal credentials through an organization like COG.
Good suggestion, however, for COG, the person must be either a witch or Wiccan.
"Good suggestion, however, for COG, the person must be either a witch or Wiccan."
Good point, those not of the Witchcraft/Wiccan persuasion (or who don't like COG) should search out a legal entity more suited to their particular theological orientation.
One option here in MA is to go to the courthouse and get the papers to be made a Justice of the Peace (JP), temporarily. Apparently almost anyone can be made a JP for a day, for the purpose of performing a wedding. However, I'm not sure if JP status would help with the other clergy tasks of hospitals, funerals and prisons. I'm also less clear on what goes into being made a JP on a permanent basis, but I'd suggest looking into it unless and until the non-Wiccan groups get our acts together to ordain legal clergy.
One of the clergy stumbling blocks in many states has been the seminary requirement. My understanding is that this is one of the main reasons Cherry Hill Seminary was begun, but I am unsure about how things are going with them in terms of actual degrees, ordinations, and service to non-Wiccan Pagans. (Wanders off to see how they're doing.)
Cherry Hill Seminary is intentionally pan-Pagan. We do not limit ourselves to Wiccans in any way.
We do not yet have legal accreditation or degree-granting authority, but are actively working towards that goal.
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Until then, solitary Pagans and Heathens in PA who don't work with an established group may want to either have a judge perform the legal side of a wedding ceremony, or take the time to get legal credentials through an organization like COG.
Good suggestion, however, for COG, the person must be either a witch or Wiccan.
"Good suggestion, however, for COG, the person must be either a witch or Wiccan."
Good point, those not of the Witchcraft/Wiccan persuasion (or who don't like COG) should search out a legal entity more suited to their particular theological orientation.
One option here in MA is to go to the courthouse and get the papers to be made a Justice of the Peace (JP), temporarily. Apparently almost anyone can be made a JP for a day, for the purpose of performing a wedding. However, I'm not sure if JP status would help with the other clergy tasks of hospitals, funerals and prisons. I'm also less clear on what goes into being made a JP on a permanent basis, but I'd suggest looking into it unless and until the non-Wiccan groups get our acts together to ordain legal clergy.
One of the clergy stumbling blocks in many states has been the seminary requirement. My understanding is that this is one of the main reasons Cherry Hill Seminary was begun, but I am unsure about how things are going with them in terms of actual degrees, ordinations, and service to non-Wiccan Pagans. (Wanders off to see how they're doing.)
Cherry Hill Seminary is intentionally pan-Pagan. We do not limit ourselves to Wiccans in any way.
We do not yet have legal accreditation or degree-granting authority, but are actively working towards that goal.
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