5.23.2008
The Public Prayer War Escalates
Few could have envisioned that when Wiccan Darla Kaye Wynne first filed suit against the small South Carolina town of Great Falls in 2001, that it would spark a seven-year judicial and legislative odyssey that threatens to escalate into a full-blown national legal battle over public prayer. Yet, with this (initially) small suit over sectarian prayer at governmental meetings, that is exactly what happened. A slow-brewing conflict that has now spawned a legislative strategy designed to silence future Darla Wynnes, and will soon face legal challenges as the "South Carolina Public Invocation Act" shortly becomes law.
"The South Carolina General Assembly unanimously passed a bill Wednesday that provides guidelines to public bodies within the state regarding their right to open a meeting with prayer. The bill, which adopts a version of the Alliance Defense Fund’s model invocation policy, now awaits a signature from Gov. Mark Sanford to become law. Sanford has already indicated his intention to sign it."
The Alliance Defense Fund's "model invocation policy" was designed after two cases involving Pagans and sectarian prayer earned national attention. South Carolina is their first big test of the policy, which intentionally creates "constitutional confusion" over sectarian prayer and places legal roadblocks intended to dissuade future lawsuits. Needless to say, the ACLU is readying itself to challenge the law. The ACLU national board recently took over the local South Carolina chapter, after it became clear there was a crisis of leadership and fundraising hindering it from addressing these upcoming issues.
"If there is one state that can ill afford an ineffective chapter of the American Civil Liberties Union it arguably is South Carolina ... in recent years [the SC ACLU chapter] been hampered by ideological squabbling among its board members, staff leadership turnover, lackluster membership and fundraising numbers and a virtually nonexistent media presence. Aware of the problems for some time, the national ACLU board has decided to step in and try to right the ship."
At stake are the religious freedoms of religious minorities in South Carolina, and ultimately, all over this country. Those who live in smaller towns, rural areas, and states unfriendly to the sort of diversity we represent. The ones who aren't lucky enough to live in the Bay Area, Salem, or Paganistan. A small prayer to Jesus may not seem like a big deal, until your realize that without the promise of a secular government, our rights to an equal place at the table are jeopardized, and we are ultimately afforded second-class status due to our non-Christian allegiance. Which is why Hindu, Buddhist, and Native American groups have lined up in the past to support Pagans fighting against "Judeo-Christian" sectarian prayer.
"As adherents of non-Judeo-Christian religions, Hindu Americans, Buddhist Americans, and Native Americans have a direct interest in this [Cynthia Simpson's] case. They, like all Americans, are guaranteed religious freedom by the religion clauses of the First Amendment. The ability of these minority religious groups to take part equally in American civic life, a fundamental freedom protected by the religion clauses, is threatened by the Fourth Circuit's holding that the Establishment Clause does not prohibit governments from excluding non-Judeo-Christian clergy from eligibility to offer legislative invocations."
So expect a big legal fight in the near future (which, once again, pits the ACLU against the Alliance Defense Fund), one that could very well head to the Supreme Court, and don't expect too many South Carolina lawmakers to come out in support of religious minorities. South Carolina is a place where even Democrats don't believe Wicca is a real religion. A loss here will mean similar prayer laws sprouting up anywhere the Alliance Defense Fund has enough pull (places like Texas and Oklahoma, for example).
If you were ever looking for proof that the small legal battles Pagans get involved in matter, or that issues over sectarian prayer are important, look no further than South Carolina, and the small town of Great Falls. Where a single Pagan stood up and fought for a local legislative body that worked for all its citizens, not just the Christian ones.
Labels: ACLU, Alliance Defense Fund, Christianity, Cynthia Simpson, Darla Wynne, law, litigation, Paganism, politics, prayer, South Carolina
4.25.2008
South Carolina Attempts to Bypass Prayer Restrictions
A hot-button issue in conflicts concerning the separation of church and state is sectarian prayer before a governmental body. Since Darla Wynne's final legal victory in 2005 forcing the South Carolina town of Great Falls to abandon sectarian prayers to Jesus, conservative Christian opponents in the state have been looking for a way around the ruling. Last year, with the help of the Alliance Defense Fund, state legislators introduced a "Public Prayer and Invocation Act". A law designed to circumvent sectarian restrictions, and make it harder for litigation against sectarian prayer to win.
"It becomes clear from reading the bill that its authors are trying to navigate the legal waters created by two cases involving Wiccans and public prayers: Darla Wynne (a resident of South Carolina who won her case against Great Falls) and Cynthia Simpson (a Virginia resident who ultimately lost hers). In other words, they are trying to bring back prayers to Jesus at government meetings without the lawsuits ... if this bill becomes law, the Darla Wynnes of this world can't sue the local city council for exclusively praying to Jesus without bringing litigation against the entire state. Its clear that the authors are hoping that their emphasis on context will win over content (ie Jesus), and in turn create a legal fog of what can or can't be allowed."
Now that bill has made it through the South Carolina senate, and is heading to the house.
"The South Carolina Senate has approved a bill that would allow prayers before public meetings. In 2001, a Wiccan priestess sued the town of Great Falls, claiming it violated the separation between church and state when "Jesus Christ" was used in prayer. The town lost the lawsuit. This legislation says public bodies can adopt policies to let members take turns giving an invocation, elect a chaplain, or create a pool of speakers from faith groups to offer the prayer. The bill also calls for the state attorney general to defend public bodies if they face constitutional challenges. The public prayer bill now heads to the House."
Since the Republican party in the South Carolina House of Representatives has a commanding 22-member majority, it seems very likely this bill will soon head to governor Mark Sanford's desk. Sanford, while occasionally displaying a libertarian streak, tends to make conservative Christians happy and is likely to sign the bill into law. If this happens, the resulting legal mess could take decades to untangle, all to the benefit of Christians wanting to re-introduce sectarian prayers to Jesus.
"It intentionally gives no direction on whether a prayer can mention a deity, instead suggesting boards seek local legal advice on that. "I think this might actually add to the constitutional confusion," said professor Josie Brown of the University of South Carolina Law School."
In short, South Carolina is trying to undo Darla Wynne's victory, reinstate Christian prayer through a legal fog, and make it extremely difficult for litigation to be brought against a local legislative body (since any such case would instantly be taken up by the state). This is all part of a larger plan instituted by Christian conservative groups to chip away at the legal victories won by religious minorities and secular groups in the last thirty years.
Student speech "protection" laws, ordinances banning psychics, attempts to dominate chaplaincy positions (in prisons and the military), arbitrary laws concerning animal sacrifice, a rigorous defense of evangelists who cross the line, battles over public religious displays, and the enshrinement of Christianity as the official faith of America all point to a larger trend of fighting and rolling back advances religious minorities have made in the name of their "religious freedom". Killing real religious freedom and full access of all faiths to the public square with a thousand tiny cuts instead of single mighty stroke.
Labels: Alliance Defense Fund, Christianity, Darla Wynne, law, litigation, Paganism, prayer, Religious Freedom, South Carolina
3.25.2008
More Church-State Issues (With a Wiccan Twist)
The town of Greece in New York is the latest flash-point in battles over the separation of Church and State. There, due to predominately Christian prayers (all but two since 2004 were explicitly Christian) said before the Greece Town Board meeting, Americans United is bringing litigation to force them to switch to non-sectarian opening prayers.
"Americans United sued the Greece, N.Y., Town Board and its supervisor, John Auberger, on behalf of two local residents who object to government-sponsored religious activities that favor one faith over others. The lawsuit alleges that almost all of the board’s opening prayers are explicitly Christian, and that since 2004, only a single non-Christian has been invited to deliver the opening prayer."
Stepping into the ring to do battle with Americans United is the Alliance Defense Fund, a conservative Christian legal organization.
"The case is a matter of religious freedom, said Joel Oster, senior litigation counsel for Alliance Defense Fund. The Arizona-based nonprofit Christian group litigates court cases involving religious freedom, the sanctity of human life and traditional family values. 'The town of Greece is following a long-standing tradition established by our founding fathers, and that is to pray before events and ask for divine guidance,' he said. 'The town is just following in line with the great history and tradition of America.'"
Of course that "long-standing tradition" seems to have omitted non-Christians almost completely. The town, sensing their problem, scurries to become as inclusive as possible. How do you do that? You invite a Wiccan, obviously.
"[Greece deputy town supervisor Jeff] McCann said the town has long used a list of worship services published in a local newspaper to extend invitations to local clergy for the meetings. The list offers little diversity, he said, and the town has had difficulty locating people from nontraditional faiths who may not have a physical church building they attend. "Now that the issue has gotten some publicity, we've had people call up and say they have an interest in delivering a prayer," he said, adding that nonclergy, the nonreligious and anyone else who wishes to speak the pre-meeting prayer is welcome. "If a private person wants to come and say a prayer, they can come and do it." Indeed, he said, next month's Wiccan prayer was initiated by local resident Jennifer Zarpentine, who called town offices to ask whether she would be welcome at a meeting."
You would think that regular announcements at meetings, or perhaps a small ad in the local newspaper, would have helped flush out some non-Christian prayer-leaders before this whole mess started. Because now, inviting a Wiccan won't be enough to stop litigation.
"We're glad to see that the (Town Board) is now cognizant of the diversity of the community, and it's too bad it took a lawsuit to get them to see the light ... While the Wiccan prayer will likely be more inclusive than prayers offered in the past, that doesn't change that what we want is for the town to adopt a policy that prayer-givers offer nonsectarian prayers."
Unfortunately for the town of Greece, the law isn't on their side. Several Supreme Court and Circuit Court rulings, including a prominent case involving a Wiccan, all point towards a requirement for non-sectarian prayer by legislative bodies. So if don't want sectarian prayers to leave your city council or town board, you better become radically inclusive now, or else you'll end up with enforced non-sectarian prayer and (most likely) a hefty legal bill.
Labels: Alliance Defense Fund, AU, Christianity, law, litigation, New York, prayer, Wicca
8.15.2007
(Pagan) News of Note
My semi-regular round-up of articles, essays, and opinions of note for discerning Pagans and Heathens.
An inebriated woman from Waukesha (in Wisconsin, near Milwaukee) was arrested for disorderly conduct and resisting arrest after neighbors complained that her "Witch chants" were too loud.
"When an officer arrived, he heard the woman yelling in the backyard and found her wearing headphones, a T-shirt and underwear, Babe said. The officer tried to get her attention by shining a flashlight on her but she continued yelling her chants. At one point she poured lighter fluid on the fire, which was 10-feet from her residence, he said. She was burning rubber car mats and a cooler, Babe said. When the officer was able to get the woman's attention she refused to cooperate telling the officer she was performing a religious ritual. She continued to be belligerent and the officer could smell alcohol on the woman's breath, Babe said."
Brenna K. Barney (aka Brenna Raven Moonfire) is claiming that the police were infringing on her religious beliefs, but I haven't found any new moon ritual that calls for the incineration of plastic coolers or rubber car mats. Maybe it's a Waukesha thing.
If you want Pagan-themed vanity plates in Vermont, better not get your hopes up. A Federal Magistrate has ruled that the Vermont DMV hasn't discriminated against a local Christian for refusing a Bible-themed vanity plate on the grounds that the DMV refuses all religiously-motivated vanity plate requests.
"Niedermeier also wrote that the state DMV has not singled out Byrne based on his religious belief and properly applied the statute prohibiting religious statements on state vanity plates. "Since May 2004, the DMV has rejected plates referring to the Bible, Christianity, Buddhism, Hinduism, Islam and Wicca," the magistrate judge wrote. Byrne sued the DMV in federal court in January 2005 after the agency rejected three of his requests for a vanity license plate."
Of special note is the fact that the Alliance Defense Fund is representing the Christian motorist. The ADF is also the legal team for the preachers who are filing suit in Michigan after cops told them to stop harassing a Pagan event.
Prospect Magazine's August issue features an essay from philosopher Roger Scruton on why Atheists are wrong when they question the existence (and worth) of God, since religion is really about the human need for sacred experience.
"Nor do you have to accept the cosmology of monotheism in order to understand why it is that this experience of the sacred should attach itself to the three great transitions - the three rites of passage - which mark the cyclical continuity of human societies. Birth, copulation and death are the moments when time stands still, when we look on the world from a point at its edge, when we experience our dependence and contingency, and when we are apt to be filled with an entirely reasonable awe. It is from such moments, replete with emotional knowledge, that religion begins. The rational person is not the one who scoffs at all religions, but the one who tries to discover which of them, if any, can make sense of those things, and, while doing so, draw the poison of resentment."
I appreciate the fact that Scrutun moved (a bit) beyond the restraints of monotheism in making his arguments, even if he most likely sees modern Pagan religions as "superstitious cults".
Speaking of superstition, former Irish pop star Shane Lynch (from a boy-band called "Boyzone", a sort of Irish 'N Sync) has found Jesus and talks of his harrowing experience with the world of Witchcraft!
"Mr Lynch, who was born and raised a Catholic in Dublin, also talked about his problems with violence and alcohol which followed his success and about how he became involved with witchcraft. "It was destructive," he said. "I was into Ouija boards, tarot cards, seances and worse. I was in a really bad place." But he said that, five years ago, finding God turned around his life. "I was anti-God when I was involved in the demonic side of things," he said"
One shudders to think at what was "worse" than playing with tarot cards, perhaps he was engaging in common demonic Witch activities like attending festivals or arriving late for ritual.
In a final note WorldNetDaily, that bastion of balance, defends the honor of Rep. Bill Sali (R-Idaho), who has come under fire for intolerant comments he made concerning Rajan Zed's prayer before the Senate. Unlike the "left-wing bloviators", WND isn't going to resort to distorting the truth in order to score rhetorical points!
"Hindus believe in a virtually infinite number of gods and worship cows, monkeys and snakes. Our Founding Fathers, on the other hand, believed in one God: The Creator God revealed in the Old and New Testaments, the God who is the source of our inalienable civil rights and liberties ... India, the prime example of a society shaped by Hinduism, is a land of wrenching poverty and mind-numbing filth and disease, which is why Mother Theresa, animated by the Spirit of Christ, went there in the first place."
So you see Hindus worship snakes and monkeys and it is their FAITH that has created all the misery and torment in India. Obviously generations of interference, oppression, and colonial rule by "good Christians" had NOTHING to do with the social problems they are facing now. Good thing WND is around to set the record "straight".
That is all I have for now, have a good day.
Labels: Alliance Defense Fund, Christianity, Hinduism, Paganism, Religious Freedom, Wicca, Witchcraft
4.28.2007
Fighting For (Christian) Prayer
South Carolina is making the news for a bill focusing on public prayer that has been advanced in its Senate. The South Carolina Public Invocation Act, originally introduced by Republican Senator Chip Campsen (with guidance by the ultra-conservative Alliance Defense Fund
"The legislation now headed to the Senate Judiciary Committee gives local governments three possibilities for legal prayer: Elect a chaplain, let each member of the board pray on a rotating basis, or invite local religious leaders to put their name on a list to pray and schedule them on a first-come, first-serve basis."
It becomes clear from reading the bill that its authors are trying to navigate the legal waters created by two cases involving Wiccans and public prayers: Darla Wynne (a resident of South Carolina who won her case against Great Falls) and Cynthia Simpson (a Virginia resident who ultimately lost hers). In other words, they are trying to bring back prayers to Jesus at government meetings without the lawsuits.
"'The content of the prayer is not important as long as it's not used to proselytize,' said Mike Johnson, an attorney for the Alliance Defense Fund, a national group that aims to defend the First Amendment. 'Don't come to the podium and make an altar call.' ... Sen. Larry Martin, a co-sponsor of the South Carolina Public Invocation Act, said he hopes the measure prevents school boards and city and county councils from receiving "blanket demands of, 'If you pray, I'll sue you.'" ... "Too often they're browbeaten and intimidated, and they throw their hands in the air," [Chip] Campsen said. 'Little towns don't have the legal staff we have.'"
In short, if this bill becomes law, the Darla Wynnes of this world can't sue the local city council for exclusively praying to Jesus without bringing litigation against the entire state. Its clear that the authors are hoping that their emphasis on context will win over content (ie Jesus), and in turn create a legal fog of what can or can't be allowed.
"Joyce Cheeks, interim director of the American Civil Liberties Union of South Carolina, opposed the measure as the state government sanctioning and supporting prayers before public meetings. The bill also directs the attorney general's office to keep up with court cases that could add to or change the possibilities. It intentionally gives no direction on whether a prayer can mention a deity, instead suggesting boards seek local legal advice on that. "I think this might actually add to the constitutional confusion," said professor Josie Brown of the University of South Carolina Law School."
It seems pretty obvious that this move isn't to secure religious "rights" for all citizens, but to allow a predominately conservative Christian state to keep invoking Jesus before meetings. The press in this case seem to be uncritical about assertions that the ACLU wants to eliminate public prayer, when instead its been well-established that they are asking for non-sectarian prayers (or no prayers at all if such a compromise can't be reached). One wonders, if this bill becomes law, how long before Great Falls uses the new blanket protection to destroy everything Darla Wynne endured and worked for.
If you live in a town where the vast majority are Christians, public invocations of Jesus before any public event don't have to be "altar calls" to establish a quasi-official hierarchy of belief. How seriously do you think a Buddhist, Wiccan, Hindu, or Muslim will be taken at a government meeting that asks for the guidance and blessing of Jesus?
* You may remember the Alliance Defense Fund as the group who is representing The Street Preachers' Fellowship in a suit against Grand Rapids Michigan after they were ordered to stop harassing a local Pagan gathering.
Labels: Alliance Defense Fund, Chip Campsen, Cynthia Simpson, Darla Wynne, law, Paganism, prayer, South Carolina, Wicca
