5.08.2008
The ACLU, South Carolina, and Religious Minorities
As I have reported previously on this blog, South Carolina is quickly becoming one of the "hot zones" in battles over church and state. You had Wiccan Darla Wynne's victory over sectarian prayer in Great Falls, the ongoing plan by conservative Christians to legislate around that judgment, and a controversial "I Believe" specialty license plate created solely for Christians about to be approved. So it is troubling to hear that the local chapter of the ACLU has become so dysfunctional that the national organization has swooped in to take over.
"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. The decision made national news."
The only comfort here is that with the national ACLU board "driving", we may see a revitalized ACLU chapter in South Carolina, and greater resources being poured into the looming legal battles developing in the state. Over the years the ACLU has been an important resource for modern Pagans seeking redress against discriminatory or unconstitutional policies and practices. Without the ACLU, and similar organizations like Americans United and the FFRF, many of the seminal legal cases that have helped establish precedents and decisions favoring the growth and free exercise of modern Paganism in America may not have happened.
Of course modern Pagans and church-state separation organizations don't always see eye to eye. In New York, the town board of Greece is defending its sectarian prayer policy by making the opening prayers inclusive of all faiths. This has allowed a local Wiccan to deliver a sectarian Pagan prayer before a recent board meeting.
"In just a few seconds' time during the April Town Board meeting, Jennifer Zarpentine made Greece history. Zarpentine, a Wiccan, delivered the first-ever pagan prayer to open a meeting of the Greece Town Board. Her hands raised to the sky, she called upon Greek deities Athena and Apollo to 'help the board make the right informed decisions for the benefit and greater good of the community.' A small cadre of her friends and coven members in the audience chimed in 'so mote it be.'"
Americans United, who recently helped win the veteran Pentacle case, is suing the town board in order to force it to switch to nonsectarian prayer (or no prayer at all). A move Wiccan Jennifer Zarpentine disapproves of.
"Zarpentine said she was pleased by the opportunity to pray at the meeting. 'I thought the invocation went well,' she said. 'The board was respectful;, they all bowed their heads.' As far as the lawsuit goes, Zarpentine said the town isn't being discriminatory. 'They are including everybody,' she said. 'They asked me.'"
Which illustrates a point where there is some divergence between groups like the ACLU and modern Pagans. Most modern Pagans are fine with religious expression so long as there is full and consistent inclusion. While the AU, and similar organizations, take a harder line of enforcing nonsectarian or nothing.
"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."
Despite these differences, our faith groups have generally experienced a net gain in allying ourselves with church-state separation advocacy organizations. This will most likely continue until modern Pagan organizations gather sufficient fiscal and political power to form their own legal advocacy groups. Even then, I don't foresee a day where Pagans will be unhappy with the ACLU or AU fighting to keep religion out of politics in America. A truly democratic and secular country is one where the religious minority doesn't have to fear outright discrimination or persecution.
Labels: ACLU, AU, discrimination, law, litigation, New York, Paganism, prayer, Religious Freedom, South Carolina, Wicca
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
4.09.2008
Updates on Past Stories
Darla Wynne's Political Aspirations: Wiccan priestess Darla Kaye Wynne was not successful in her run for a seat on the Great Falls Town Council. Wynne, who famously sued the town over sectarian prayers back in 2001, garnered only 32 votes.
"A dozen candidates ran for office in this year's town election, including a former mayor, a school resource officer and the Wiccan priestess who sued the town in 2001, claiming Great Falls violated church and state separation by using the name Jesus Christ in prayers."
Wynne was in a three-way race for a vacated seat. Todd Smith won the seat with over 130 votes, while fellow contender Donna Bryan came in second with 61 votes. Meanwhile, speaking of Pagans running for political office, Sacramento, CA mayoral candidate Muriel Strand has a blog up espousing her views on various issues.
The Theological Necessity of Goats: The Becket Fund for Religious Liberty has filed an appeal on behalf of Jose Merced, a practitioner of Santeria who sued the city of Euless, Texas over the issue of animal sacrifice.
"Why is it okay to butcher a deer in Euless, but not a goat?" said Lori Windham, legal counsel at the Becket Fund, a Washington-based civil rights law firm that defends all religious faiths against government interference. "The issue of Santeria and animal sacrifice has already been decided by the United States Supreme Court. I'm pretty sure the Constitution of the United States still applies in Euless, Texas."
The appeal will be heard by the federal Fifth Circuit Court of Appeals in New Orleans. Depending on the outcome there, it is very likely this could go to the Supreme Court. For more on this development, see the Houston Chronicle's article on the appeal.
Vancouver Sex Cult: I originally blogged about this story way back in 2006. It involves a Pagan man who was denied a chauffeur's permit by the Vancouver police due to unfounded accusations that he would use his position to "recruit" people into an imaginary S&M "sex cult". Since then, the Vancouver Police Department has been trying to block the case going to a B.C. Human Rights Tribunal, a course of action that has been stuck down by the courts.
"A B.C. Human Rights Tribunal can investigate sexual practices involving "bondage, discipline and submission, sadism and masochism" to determine whether the Vancouver Police Department discriminated against a self-described pagan, the B.C. Court of Appeal says. For the past two years, the department has wasted our tax money trying to prevent the human rights watchdog from investigating a complaint from Peter Hayes, a Vancouver man refused a chauffeur's permit. The province's highest court said it would be wrong to interfere with the tribunal's process at this point and that the objections of the police force were premature."
A preliminary ruling by the Human Rights Tribunal two years ago stated the case had merit and should go forward. The VPD had argued that BDSM-activities weren't an "orientation", and therefore not protected by Canada's human rights laws, a waters-muddying exercise the courts didn't accept as valid. Hearings will now resume unless a settlement is reached.
Will Amazon Hurt Small Pagan Publishers: In a final note, news about Amazon's move to monopolize the Print-On-Demand market (and why that is bad news for small Pagan publishers) has continued to spread. For further Pagan commentary relating to this issue, check out Lupa's journal (particularly this post), and The Spiritual Eclectic's Amazon-related posts.
"We have always lived by our convictions and if not submitting to the monopoly that Amazon.com is trying to create-not just over bookstores and publishers but over the entire publishing industry-means we never sell another book on Amazon.com, then so be it. We sell primarily through our websites as it is, and we will find other alternatives to Amazon.com."
For an extensive overview of this matter, check out the WritersWeekly Amazon BookSurge Information Clearinghouse, anything you could need to know about Amazon's coercive tactics to seize control of publishing's "Long Tail".
Labels: Amazon.com, animal sacrifice, books, California, Canada, Darla Wynne, human rights, Muriel Strand, Paganism, politics, Print on Demand, Sacramento, Santeria, South Carolina, Texas
4.07.2008
Darla Wynne's Political Aspirations
The involvement of Pagans in electoral politics continues to grow. You have a Pagan running for Sacramento mayor, and now Darla Wynne, who successfully sued the Great Falls Town Council in South Carolina over sectarian prayer, is aiming for a seat on the body she once litigated against.
Darla Kaye Wynne
"A dozen candidates are running, including a former mayor, a school resource officer and the Wiccan priestess who sued the town in 2001, claiming Great Falls violated church and state separation by using the name Jesus Christ in prayers."
Wynne is one of three candidates running to finish the term of Jack Taylor, who resigned from the Town Council in the wake of a controversial firing decision. Wynne is in favor of cutting taxes, greater accountability from the police, putting a greater focus on youth activities, and eradicating political corruption.
"I would have no problem shaking the tree to see how many snakes fell out of it to ensure that our local government was acting in the best interest of the people of this town, not their own or those of their 'buddies.' If you want to shake up the council, electing me would do exactly that and put them on notice that you are tired of the way things are going and being done."
Can a Wiccan who caused as much local controversy and outrage as Wynne get the votes she needs in this tiny town of 2,200 people? While scandal may have caused four members to either resign or not seek re-election, this is still a very conservative and Christian town, and any Pagan running for office would face an uphill battle. Then again, one of the candidates only recently registered to vote, and several are first-time candidates, so who knows how this may end?
Elections will be held tomorrow, on Tuesday, April 8th. I'll post an update here once results have come in.
Labels: Darla Wynne, Paganism, politics, South Carolina, Wicca
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
