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
4.29.2008
Pagans and (Canadian) Prisons
The Edmonton Sun reports on the growing population of Pagans in Canadian prisons. Internal estimates show adherence numbers have tripled in the last five years, and those numbers may be "woefully understated" according to Richard James of the Wiccan Church of Canada.
"According to figures obtained by Sun Media under Access to Information, the number of practising Wiccans and Pagans behind bars has tripled in the last five years. In 2002 there were just 25, compared to 77 in 2007, data from the Correctional Service of Canada show ... Richard James, the Toronto-based founder and high priest of the Wiccan Church of Canada, has been involved in prison outreach programs and believes the official count is "woefully understated." More and more inmates are turning to Wicca because they've been let down by other faiths, he said."
Unlike the prisons of their American neighbors, which are rife with "endemic discrimination" against religious minorities, the Canadian prison system seems quite accommodating.
"According to an internal CSC manual on religious practices, inmate witches are required [I think they mean "allowed"] to have an altar with candles and incense for worship. They should also be permitted a wooden wand, robe, tarot cards, figurines, oils and natural objects such as shells, feathers, stones and crystals, the manual reads ... Rick Burk, CSC's associate to the director general of chaplaincy, restorative justice and victims‚ services, said inmates have a Charter right to practise their faith. In turn, institutions work to foster understanding and tolerance for all faiths inside the wire. 'There are cultural and spiritual differences in all kinds of traditions and we are constantly engaged in dialogue about respect and diversity and managing the community within a context of diversity,' he said. 'Whether there is the word 'witch' involved or not, we try to manage diversity.'"
Perhaps the open dialog-focused Canadian model would be preferred to the currently repressive American model where constant litigation for rights is a normal occurrence?
Speaking of American prisons and constant litigation, an interesting prisoner rights case was recently decided. In a ruling by the U.S. Seventh Circuit Court of Appeals on Koger v. Bryan, it was found that prisons can't demand proof of requirement, or verification from clergy, regarding a reasonable religious request.
"...the court held that a former prisoner's claim based on the denial of his request for a vegetarian diet substantially burdened the prisoner's religious exercise. In particular the court found inappropriate the prison's requirement that the religious practice be required by the inmate's religion and that this be verified by a member of the clergy."
This is one more legal step towards true religious self-determination for prisoners. A development that may make some people very uncomfortable, but one that will ultimately benefit modern Pagans and other religious minorities serving jail time. To make this case even more relevant, the former prisoner, Gregory Koger, is an adherent of Aleister Crowley's Thelema. A fact that has sparked snarky comments from the law-blogs and one of the presiding judges.
"Clearly, without RLUIPA, this case would have been dead in the water when it was filed because declining Koger's request for a nonmeat diet would not have violated the United States Constitution ... A waste of time? Some may disagree, but I lean towards saying 'yes.'"
Of course that "waste of time" has helped create a precedent that favors personal gnosis and followers of non-hierarchal faiths. A lawsuit that may not have happened if prisons in America worked more towards dialog and granting reasonable risk-free requests instead of dragging its heels in court every time a non-Christian wants something outside the norm.
Labels: Canada, law, litigation, Paganism, Prison, Religion, Religion Clause, Thelema
4.26.2008
A Monumental Issue
While we wait for the Supreme Court to decide if public parks and lands are an "open forum" for donated monuments (specifically religious monuments), another case has arisen dealing with many of the same issues. It seems that the Red River Freethinkers in North Dakota are suing the city of Fargo after refusing to allow them to erect a "sister monument" next to a 10 Commandments monument on the City Hall mall.
"Opponents of Fargo's Ten Commandments monument have filed a civil lawsuit against the city, asking that the granite marker be removed. The attorney for the Red River Freethinkers, Bruce Schoenwald, filed the complaint in federal court Friday. It accuses the city of "unconstitutional conduct." The lawsuit contends the Freethinkers' rights were violated last year when Fargo refused to allow the group to put up its own monument near the Ten Commandments monument on city property. The Freethinkers also are seeking unspecified damages and attorney fees."
What would be engraved on this monument? A line from the Treaty of Tripoli, a historical document unanimously approved by the US senate and signed by our second president John Adams
"...the Government of the United States of America is not, in any sense, founded on the Christian religion..."
You can understand then why the City Commission, who were pressured by local Christians to not remove the 10 Commandments monument, would be hesitant to allow a "sister monument" that questions the status of America as a "Christian nation". Which brings us back to the case currently pending before the Supreme Court, Pleasant Grove City, Utah v. Summum. This case should definitively decide if those overseeing public lands can favor one religious or philosophical monument over another.
"A SCOTUS decision here could all but force local government bodies to enact a fully-open policy concerning religious displays on government-controlled property. In other words, the local city council or mayor couldn't pick and choose which religious displays are worthy to be placed with a Nativity Scene or Ten Commandments monument. It would be all or nothing."
If the SCOTUS case ends up leaning towards public lands being "open spaces" the city of Fargo will have to either remove all religious monuments, or allow the Freethinkers their Tripoli monument. It will also further challenge the notion that displays of the 10 Commandments are somehow "not religious speech" because some Christians think our own laws were founded upon them. Recent SCOTUS rulings make it clear that 10 Commandments monuments are only admissible as part of "a broader moral and historical message."
Fargo's reluctance to compromise puts them on uneasy legal footing. They are clearly favoring one viewpoint over another, and it could end up costing the city quite a bit of money. Regarding the larger issue, the days of anti-Communist patriotic Christian fervor are over. The national mood that once allowed the government to insert "Under God" into the pledge of allegiance, and litter the landscape with 10 Commandments monuments (many of which were placed to help promote a film) is long past. The era of a religious "don't ask, don't tell" norm (if you weren't a Protestant Christian) has given way to a multi-religious society in an increasingly post-Christian world. Christians can retain their place in the public forum, in the interchange of ideas, but only so long as they are inclusive of other viewpoints and religions sharing that same space.
* John Adams, a Unitarian, also called the Christian cross an "engine of grief" and insisted that America was founded by "the natural authority of the people alone, without a pretence of miracle or mystery".
Labels: law, litigation, North Dakota, Paganism, Religious Freedom, SCOTUS, Treaty of Tripoli
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
4.06.2008
First Shot Fired in British Psychic Wars
America isn't the only place dealing with laws banning or unfairly regulating psychic practitioners. Britain is set to pass a new set of regulations concerning divination, spiritual healing, and psychic practices in line with EU recommendations.
"...a whole list of disclaimers must be added to the spiritualists' spiel if they are to avoid an avalanche of writs following the repeal next month of the Fraudulent Mediums Act, to be replaced by the new Consumer Protection Regulations. Promises to raise the dead, secure good fortune or heal through the laying on of hands are all at risk of legal action from disgruntled customers. Spiritualists say they will be forced to issue disclaimers, such as 'this is a scientific experiment, the results of which cannot be guaranteed'. They claim the new regulations will leave them open to malicious civil action by skeptics."
The new Consumer Protection Regulations also places the burden of proof on the psychic or practitioner in accusations of fraud. A very different scenario than under the old Fraudulent Mediums Act (which replaced the repealed Witchcraft Act).
"For the past half-century, 'genuine' mediums have been protected by the 1951 Fraudulent Mediums Act, under which prosecutors had to prove fraud and dishonest intent to secure a criminal conviction, which was difficult. There have been fewer than 10 convictions in the past 20 years. With that protection gone, there will now be nothing between the medium and the trading standards officer - and no need to prove fraud. Instead it will be up to the trader, in this case the medium, to prove they did not mislead, coerce or take advantage of any 'vulnerable' consumers."
Those most upset over these impending regulations are the Spiritualist churches in Britain (which, according to latest census, has over 30,000 members), who rankle at having to describe sacred rites as "experiments", in effect denying their own beliefs in order to avoid accusations of fraud.
"Carole McEntee-Taylor, a spiritualist healer in Essex, said having to stand up and describe the invoking of spirits as an 'experiment' was forcing spiritualists to 'lie and deny our beliefs'. She added: 'No other religion has to do that. And how can you tell if someone is vulnerable? You would have to ask them if they felt vulnerable, or had mental health issues, or were of a nervous disposition' ... 'It is taking a religion, a way of life, and making it a commercial transaction,' said David McEntee-Taylor. 'If we hold a service in a village hall, we have to charge or ask for a donation to cover the cost of hiring the hall. There are bad mediums out there, and we would like to regulate them. But this is unfair on genuine spiritualists. Some people are very nervous of entrapment.'"
These regulations would also have an immediate effect on British Pagans and occultists as well. Did you charge for a healing? A tarot reading? Did you pass the hat to cover rent at a public gathering where a Priestess invoked the Goddess and gave advice? You could be held liable for fraud if the advice or healing doesn't work out. The British government, in response to criticisms, claims that no religious services "in themselves" will be affected, only "misleading" business transactions. Some are holding out hope that the regulations will only, as the government claims, affect the scam-artists. Leaving Spiritualists and other practitioners in peace.
"All that Spiritualism needs to do is to ensure that it's mediums operate within the new law regarding any services which involve transactions that could be interpreted as a "consumer contract". This may require some precautions such as verbal disclaimers and possibly in the case of private sittings, signed indemnity statements, but surely this is perfectly possible for any responsible Spiritualist medium to arrange ... In my opinion, the sky is definitely not falling, and the new legislation will serve to eliminate the undesirables, the fortune tellers and the con artists."
In truth, no one is quite sure how these new regulations will be enforced. Will it only target "undesirables", or will it create a litigation nightmare for anyone engaged in psychic practice, mediumship, or spiritual healing work. Is it fair to make a Pagan or Spiritualist call practices tied to their religion "experiments" that the "gullible" or emotionally "vulnerable" should avoid? Since it seems likely that these regulations will be put in place without much opposition in Parliament, we'll all just have to wait and see.
Labels: law, litigation, Paganism, psychics, Religious Freedom, Spiritualism, Tarot, The Witchcraft Act, UK
4.01.2008
Religious Displays Case Goes to Supreme Court
The Supreme Court has agreed to review a ruling involving religious displays and government property. The case, Pleasant Grove City, Utah v. Summum, involves the placement of a religious monument on government-controlled property (which already contains a Ten Commandments monument). SCOTUS will decide whether, under the First Amendment, the local government can control which (religious) monuments are erected, or if the park should be treated as an "open forum".
"If government creates an open forum, it can't pick and choose among religions," said the Rev. Barry W. Lynn, Americans United executive director. "Government officials could have avoided this controversy by refusing to put up the Ten Commandments in the first place."
The outcome of this case is going to be a big deal for religious minorities. Remember the battles over Pagan inclusion in government-sponsored religious displays in Green Bay and Ohio? A SCOTUS decision here could all but force local government bodies to enact a fully-open policy concerning religious displays on government-controlled property. In other words, the local city council or mayor couldn't pick and choose which religious displays are worthy to be placed with a Nativity Scene or Ten Commandments monument. It would be all or nothing.
"...attorneys for the city argued that the appeals court's ruling will require cities and states to remove longstanding monuments or permit groups to display any monument in public places. Led by Jay Sekulow of the American Center for Law and Justice, the attorneys said acceptance of a donated monument does not require 'that a government park be turned into a cluttered junkyard of monuments contributed by all comers.'"
This could very well be an attempt by SCOTUS to settle this issue once and for all. The court has already ruled that isolated religiously-motivated displays are out, but that a religious monument can exist among a diversity of statues and monuments. Now the court will decide how much control a government body can have over which religiously-oriented monuments will be allowed on public property.
Arguments involving the case will be heard in October. Personally, I would rather we have a "cluttered junkyard" of religious monuments than an "orderly" singular endorsement of Judeo-Christian faith. If this case is decided in favor of a truly open forum regarding religious displays, perhaps Pagan groups should start saving up for a granite Nine Noble Virtues or Wiccan Rede. I think either would look great next to a Ten Commandments display, don't you?
Labels: law, litigation, Paganism, Religious Freedom, SCOTUS
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
3.12.2008
(Pagan) News of Note
My semi-regular round-up of articles, essays, and opinions of note for discerning Pagans and Heathens.
A conference of indigenous leaders from Mexico, the United States, and Canada met in Palenque, Mexico to discuss traditional solutions to environmental problems. The event, 'Indigenous People to Heal Our Mother Earth', gathered 200 leaders from 71 American Indian nations, and was supported by Mexico's environment secretary, Juan Elvira Quesada.
"Our Mother Earth is being polluted at an alarming rate, and our elders say that she is dying," said Raymond Sensmeier, a Tlingit leader from Yakutat, Alaska. "The way the weather is around the world ... a cleansing is needed" ... "I sometimes talk to scientists," said Sensmeier, "and they compartmentalize things, put things in boxes and disconnect them, and doing so promotes disharmony and imbalance." Kuetlachtli Texotik, a Nahuatl healer from Mexico whose name means "Blue Wolf," agreed. "Our grandfathers taught us to have an integrated vision," he said. "The important thing is to look for balance. We should take care of what does not belong to us, for the future, because it is only ours temporarily."
Organizers hope that indigenous American leaders can become guides in "restoring balance and harmony in the world". To "wake up the world" to the environmental problems surrounding them.
Reuters interviews David Domke, co-author of the new book "The God Strategy: How Religion Became A Political Weapon In America," who explains just how entwined (predominately Christian) religion has become in our political process.
"The reality is that in American presidential politics not willing to publicly emphasize your faith will mean you will not be a serious candidate on either side of the partisan aisle ... the fusion of religion and politics is absolutely contrary to what the founders desired for the country. They fled religious sectarian violence, religious persecution and they set out build a new place where God would be part of the equation but there wouldn't be a state, a national religion."
A political atmosphere like this is decidedly hostile to religious minorities taking power, an exclusive "Christ-centered" politics that transcends the usual Republican party suspects to include Democratic presidential candidates as well. Can the wall of separation between Church and State remain strong when both political parties now "emphasize their faith" as a campaign tool?
The Boston Herald reports on Laurie "Official Witch of Salem" Cabot's 75th birthday-bash over the weekend. The extravagant affair included a dancing snake charmer, fire-spinning, and the attendance of Godsmack frontman Sully Erna.
"Godsmack frontman Sully Erna was among the 100 Wiccans who flew in from around the country over the weekend for a surprise 75th birthday party for Laurie Cabot, the Official Witch of Salem. "Before I met Laurie, I was in a really low point in my life," Sully told the crowd. "I owe Laurie everything. (She) changed my life around." Apparently, the headbanger and the high priestess of witchcraft have been tight for years ... Cabot's bewitching birthday bash was thrown by fun couple Tom Lang and Alexander Westerhoff at their Manchester-by-the-Sea stone villa."
A happy birthday to Ms. Cabot, may she enjoy happiness and good health.
Kathryn Price NicDhana brings us the latest in the ongoing struggles to halt the M3 motorway expansion through the Tara-Skryne valley, the spiritual heart of Ireland.
"As bulldozers and chainsaws cut into the forest and hill of Rath Lugh - one of a number of ancient tombs and holy wells in peril due to the road work in the Tara-Skryne Valley - protesters have announced that they have dug tunnels under the proposed roadway, and are willing to risk their lives in defense of the land."
While these new actions have succeeded in delaying construction, it remains to be seen if this expensive (and increasingly unpopular) project can ultimately be stopped. Irish Poet Laureate Seamus Heaney recently called the M3 construction a "ruthless desecration", and the site has been declared an "endangered monument" by the World Monuments Fund.
In a final note, two recent legal decisions affecting modern Pagans have come to my attention. First, Tropaion reports that the European Court of Human Rights has ruled that Greece can not require a statement of religious belief as part of the admission ceremony to the state bar.
"Legal Court rulings are one of the few forums where precedents are truly set. This landmark decision by the European Court of Human Rights in the case of Alexandrididis vs Greece (application number 19516/2006) will definitely make it much easier for others in the legal and other professions to follow suit. It will mean that people will not have to state their religious beliefs in what are clearly state matters."
This is an important precedent for the small groups of Hellenic polytheists (and other religious minorities) in the Orthodox Christian dominated State. Further updates to this story are expected to be posted, here.
Meanwhile, another prisoner free-exercise case involving a member of the Asatru faith has made the news. A judge has recommended the dismissal of a lawsuit brought by inmate Darrell Hoadley. Hoadley, who is serving a life sentence for a 2000 torture-killing, brought suit requesting items he says are necessary for his faith.
"The penitentiary has allowed several Asatru items since settling a 2000 lawsuit - including a ritual drinking horn, wooden wand and wooden hammer - but Hoadley wanted more, such as horse meat and a plastic sword. In a motion to dismiss, prison officials said some requests are 'too outrageous to merit serious consideration.' U.S. Magistrate Judge John Simko, who was taken off the case in favor of U.S. District Judge Lawrence Piersol, said in a report filed Wednesday that the case should be dismissed."
I can't think of any Asatru tradition that requires a sword and the partaking of horse meat in order to honor the gods. Considering Hoadley's security status (he is isolated from the general population), and the concessions already made, it doesn't look like he has much of a case. The judge looks on solid ground for recommending dismissal.
That is all I have for now, have a great day!
Labels: American Indian, Asatru, Christianity, Greece, Hill of Tara, indigenous, Laurie Cabot, law, litigation, Pagan News of Note, Paganism, politics, Prison, Salem
3.11.2008
Updates on Recent Stories
The Theological Necessity of Goats: A Santeria priest who challenged the animal slaughter laws in Forth Worth, Texas has lost his lawsuit against the city.
"At the end of the one-day trial, U.S. District Judge John McBryde said Euless was protecting the public's health by banning animal slaughtering in the city limits but that Merced could do the rituals elsewhere ... Euless officials said they were pleased with the judge's ruling, the Fort Worth Star-Telegram reported on Monday. "Public health is one of the most compelling interests that cities protect," said Mick McKamie, the city's attorney for the case."
Of course, their appeal to public health is completely arbitrary since the city does allow citizens to slaughter chickens in their homes. An animal just as capable of transmitting pathogens as a goat. Jose Merced is currently considering an appeal to the ruling.
Even Intolerant Fools Deserve Free Speech: Repent America founder Michael Marcavage has been found guilty of disorderly conduct by a judge in Salem. Marcavage was arrested on Halloween night, while spouting hellfire at the crowds of Pagans and merry-makers that converge on the "Witch City" every year.
"A Pennsylvania preacher who was arrested on Halloween night after defying police orders to stop using a bullhorn was found guilty of disorderly conduct yesterday and fined $200 by a judge, who said Michael Marcavage used "poor judgment" that night ... 'Halloween in Salem is a unique day of the year,' said Salem District Court Judge Michael Uhlarik. 'It's a very small community, and you have 60,000 to 80,000 people crammed into a very tight space. In this day and age, we have to be very careful of controlling crowds. It's not a question of depriving anyone of their free speech rights,' said the judge. 'It's an issue of public safety.'"
According to police, the decision to shut down bullhorn use by protest groups was made because of concerns for keeping the peace amongst an increasingly hostile and drunk crowd. Police also testified that the Repent America group were using the bullhorn in an aggressive and provocative manner (something that didn't make it into their self-serving YouTube video). Repent America promises to appeal the ruling, and has hinted that they may file a civil lawsuit.
Can You Be a Christo-Pagan in Prison: The Washington state Senate has unanimously approved a bill designed to study in-prison programs so they can more effectively build "moral character". The bill also contains a provision that seemingly protects prison chaplains from performing actions contrary to their faith, a response to a controversy created when the Washington Department of Corrections changed their policy to allow for multi-faith allegiance in prison.
"A Page One story in The News Tribune in January explored the conflict that a Catholic priest who works as a chaplain in the state prison system faced in complying with a new rule allowing inmates to select multiple religions. A bill aimed at addressing that issue has cleared the state Legislature and is headed to the governor's desk to be signed into law. Senate Bill 6400, sponsored by Republican Sen. Mike Carrell of Lakewood, contained provisions to protect chaplains after hearing that Tom Suss, a longtime chaplain at McNeil Island, took a leave of absence rather than be put in a position of having to provide religious items to an inmate who claimed both Catholicism and a pagan religion simultaneously. Doing so would have gone against the tenets of his faith, Suss said."
This crowd-pleasing Republican-sponsored bill is, of course, a redundancy, since no chaplain was being forced to perform ecclesiastical duties against their wishes. In fact, Tom Suss, the chaplain this bill was designed to help, is well known for his anti-Pagan views, and his "leave of absence" tantrum stems mainly from Pagan inmates being allowed to buy Christian trinkets. The Bill is currently on the Governor's desk awaiting a signature.
Labels: animal sacrifice, Chaplaincy, Christianity, Christopagans, law, litigation, Michael Marcavage, Paganism, Prison, Repent America, Salem, Santeria, Texas
3.06.2008
The Theological Necessity of Goats
The Dallas Morning News' religion blog reminds us that March 10th will begin the first major trial case involving Santeria since the groundbreaking 1993 Church of Lukumi Babalu Aye v. City of Hialeah decision. Like the famous Florida case, it involves the ritual sacrifice of animals at one's home.
"Santeria priest Jose Merced filed a federal discrimination lawsuit against the city of Euless in December 2006 after officials told him he couldn't sacrifice goats at his home for a ceremony initiating a new priest. Followers of the African-Caribbean religion consider animal sacrifice as essential to Santeria as Communion is to Catholics. Euless says the killing of goats for whatever reason would violate its city-wide slaughtering ban. Last year, the city proposed a settlement that permitted the killing of chickens - which is also involved in the ceremony and allowed under the city ordinance. Mr. Merced rejected the offer, saying that Santeria would cease to exist without the sacrifice of goats as well."
Despite the fact that Merced presented police officers with a copy of the Supreme Court decision allowing for religious animal sacrifice within the home, he was still prevented from going through with the planned initiation ceremony
"...the Supreme Court of the United States held unconstitutional an ordinance passed in Hialeah, Florida that forbade the "unnecessar[y]" killing of "an animal in a public or private ritual or ceremony not for the primary purpose of food consumption." The law was enacted soon after the city council of Hialeah learned that the Church of Lukumi Babalu Aye, which practiced Santería, was planning on locating."
Further complicating Jose Merced's case is the fact that a judge ruled in January that the federal Religious Land Use and Institutionalized Persons Act didn't apply since the city's slaughtering ban regulated only conduct, not land use. So it's going to come down to if the theological necessity of sacrificing goats at a initiation ceremony will trump a generalized slaughter ban. Working in Marced's favor is the fact that the slaughter ban isn't absolute, and permits the killing of chickens in the home, which will lessen arguments concerning public safety (chickens can carry as many, if not more, pathogens and diseases as any goat).
There is a very good chance this case will reach the Supreme Court (I can't envision either side letting the matter rest after a loss), and may settle once and for all the question of animal sacrifice for religious purposes. Making it a case that will end up being important for adherents of Santeria, as well as modern Pagan groups interested in reviving animal sacrifice. So come Monday, all eyes interested in the rights of minority faiths should be turning towards Texas.
* It should be noted that the ritually slaughtered goats are then normally cooked and eaten by participants in the ceremony. So in many ways, what they are doing could be considered far more ethical than eating a burger churned out by a industrial slaughterhouse.
Labels: animal sacrifice, law, litigation, Religious Freedom, Santeria, Texas
2.29.2008
Updates on Past Stories
Psychic Wars in Livingston: It looks like a legal battle over a religiously-motivated Livingston Parish ordinance banning fortune telling will be headed to court. Despite being warned by their lawyer that they would most likely lose a lawsuit, the Parish Council decided to not address the issue at their most recent meeting, much to the dismay of some Parish residents.
"Taxpayers might question the council's insistence on spending public money to fight a lawsuit on an issue that has no purpose other than to pacify a particular religious group. The council's attorney, Blayne Honeycutt, has advised that it probably would lose the Wiccan suit if it persists in defending the ordinance. When no member of the council would offer a motion to repeal the soothsaying ordinance, Honeycutt advised the council it needs to hire special counsel to handle such a case. Parish government, which has a history of being strapped for funds, could be putting that money to proper uses on roads, drainage, water and sewage rather than waging war for or against particular religious groups. Instead, the council will spend money it says is in short supply defending a lawsuit against a problem its attorney told council members apparently doesn't even exist in the parish."
The Parish is being sued by local businessman and Wiccan Cliff Eakin, who wishes to offer fortune-telling and divination services at his store, Gryphon's Nest Gifts. Eakin maintains that the ordinance is an attempt to promote Christianity over Paganism.
Thelemites Fight Pedophillia Charges: Australian couple Vivienne Legg and Dyson Devine have been released from prison after apologizing to a judge for defying an order to remove material from their website that groundlessly implicated a local O.T.O. organization in an underground pedophile ring. The couple served two months of a nine-month sentence for contempt of court.
"Yesterday both apologised to Judge Harbison and the Victorian Civil and Administrative Tribunal, and undertook not to repeat, or help anyone else to publish, the vilifying material about the Ordo Templi Orientis (OTO). But David Leggatt, for the OTO, complained that the vilification had a "grapevine effect". It had been removed from the pair's website, Gaiaguys.net, in December, but soon appeared on Adam Dodson's site. Simon Moglia, for Mr Devine and Ms Legg, said they had not helped the new website. He said they at first saw their non-compliance as individuals standing for their beliefs. But when they realised that resisting the tribunal encouraged others to disobey the law, they closed down their website."
While the OTO in Australia have certainly won this battle, they may find themselves pestered by dozens (if not hundreds) of conspiracy theorists who see Legg and Devine as martyrs in the quest for "the truth". The original actionable paper written by Dr Reina Michaelson inflated in importance and virally spread across the Internet.
Fighting For (Christian) Religious Expression: Arizona joins Oklahoma in trying to pass a "student religious expression" law similar to the one recently passed by Texas.
"On Wednesday, the Arizona House Education Committee narrowly approved, and sent on to the full House of Representatives, HB 2713, a bill that would prohibit public schools from discriminating against students on the basis of their religious belief or expression. It permits students to engage in prayer and religious activity on an equal basis with other activities, but does not permit the school to require participation in religious activities. It includes provisions prohibiting banning of religious attire and jewelry when similar secular items are permitted and another section that prohibits discrimination for or against a student in grading coursework in which the student expresses a religious viewpoint or religious content."
While these laws may sound innocuous enough to some, they ultimately benefit the religious majority, a point driven home by the Texas House's own research organization who stated: "the bill could serve as a tool to proselytize the majority religious view". These proposed laws claim to protect a student's freedom to express religious viewpoints, but I fear they instead encourage a hostile environment towards religious minorities, dis-empower teachers from keeping order in their classrooms, and give Christian students a sense of immunity from consequences. I encourage Pagan groups in in Arizona (and Oklahoma) to send a message to their representatives ensuring them that Pagans, Witches, and Heathens oppose this legislation, but will gladly use their new "rights" as often and as loudly as possible if it is enacted.
Labels: Arizona, Australia, Cliff Eakin, law, litigation, Livingston Parish, Oklahoma, OTO, Paganism, psychics, Religious Freedom, Texas, Thelema, Wicca
2.15.2008
(Pagan) News of Note
My semi-regular round-up of articles, essays, and opinions of note for discerning Pagans and Heathens.
A Spiritualist/Wiccan shop in Crewe (a town in south Cheshire, England) is being forced out of business by continual harassment from local Christians.
"Lunacy at Sarah's in Market Street opened 18 months ago but since then it has suffered a barrage of protests and even had Bibles thrown at the shop. Now co-owner Lucy Molyneux says it can't stay open for more than a couple of months longer. She said: 'We are still having the same problems we always had. People are now coming in and putting flyers and notices inside our products, saying that what we are doing is wrong.'"
You know, I love that part in the Bible where Jesus tells his followers to harass people until their dream is destroyed. It really shines a light on Christian ethics.
The American Civil Liberties Union of Pennsylvania has filed lawsuits on behalf of three couples who had their marriages nullified due to an officiant who wasn't the head of an established congregation. Two of those marriages were performed by officiants who received their credentials from the Internet-based Universal Life Church.
"The American Civil Liberties Union of Pennsylvania filed the first three lawsuits today in a planned statewide challenge of a recent judicial declaration stating that marriages are invalid if presided over by a minister who does not regularly serve a church or preach in a physical house of worship. The ruling potentially endangers thousands of marriages in Pennsylvania."
Considering the fact that many modern Pagans across the country lean on ULC ordinations to perform legal wedding ceremonies, and because many Pagan groups don't have a "congregation" in the sense that a Christian priest does, the outcome here should be closely watched. For a previous post on this issue, click here.
On Faith does a brief spotlight on Ernesto Pichardo, founder of the Church of Lukumi Babalu Aye, and his quest to bring the rare book of Santerian/Yoruban knowledge "The Book of Diagnosis in Ifa Divination" to the eyes of scholars.
"Sometimes, says Cuban-born Ernesto Pichardo, it seems like he's been campaigning nonstop for 30 years. Twenty-one years ago Pichardo, a Santeria priest, took a fight for the right to practice his religion all the way to the U.S. Supreme Court -- and won. Now he wages a different campaign. The priest is leading an effort to make his religion's sacred text, the Book of Diagnosis in Ifa Divination, widely available for scholars. Written in Spanish and Yoruba, the book combines Yoruba and Afro-Cuban history with culture, philosophy, metaphysics, religion, and spiritual knowledge..."
For previous coverage of this issue, click here.
International outcry has developed over the case of Fawza Falih in Saudi Arabia. Falih was arrested in 2005 and convicted of "witchcraft". An order of execution "in the public interest" was placed despite a an appeal court decision saying she should not be executed.
"In a letter to King Abdullah, the rights group described the trial and conviction of Fawza Falih as a miscarriage of justice. The illiterate woman was detained by religious police in 2005 and allegedly beaten and forced to fingerprint a confession that she could not read. Among her accusers was a man who alleged she made him impotent."
Only the direct involvement of King Abdullah (George W. Bush's good pal) can now save the woman. Will Abdullah defy the courts over the life of an illiterate woman? More importantly, is this case the harbinger of worse yet to come?
In the wake over fears concerning the establishment of sharia law in places like England and Canada, The Economist wonders how much of a right faiths should have to run their own affairs and regulate their adherents' lives.
"In every democratic and more-or-less secular country, similar questions arise about the precise extent to which religious sub-cultures should be allowed to live by their own rules and 'laws'. One set of questions emerges when believers demand, and often get, an opt-out from the law of the land. Sikhs in British Columbia can ride motorcycles without helmets; some are campaigning for the right not to wear hard hats on building sites. Muslims and Jews slaughter animals in ways that others might consider cruel; Catholic doctors and nurses refuse to have anything to do with abortion or euthanasia."
This issue affects modern Pagans as well. Our moral codes are often freer, and based on personal responsibility (or a guiding ethos), instead of a list of rigid "commandments". An ethic that often flies in the face of Christian lawmakers. Restrictive marriage ordinances, the ban on entheogens, bans on divination, what is allowable on private property, and "religious freedom" laws that privilege the majority have all affected our communities in the past. So we should navigate this issue carefully, because while many of may find sharia codes distasteful, laws made to control them could also end up controlling other religious minorities as well.
In a final note, today is the start of Pantheacon, the largest indoor Pagan-oriented convention on the west coast (just in time to celebrate Lupercalia). If you are attending, be sure to stop by Anne Hill's Serpentine Music booth where you'll find some great A Darker Shade of Pagan-approved merchandise and swag. Including copies of Monica Richard's masterful "InfraWarrior" CD, and a chance to pre-order a physical copy of the amazing "John Barleycorn Reborn" compilation. Plus, if you give the "secret blog-reader handshake" Anne may show you my list of music recommendations!
That is all I have for now, have a fertile Lupercalia, and a great day!
Labels: A Darker Shade of Pagan, discrimination, law, litigation, Lupercalia, Pagan News of Note, Pantheacon, Religious Freedom, Santeria, UK, Universal Life Church, Wicca, Witch Killings
2.13.2008
Religion and Custody Battles
The New York Times reports on the recent increase of custody cases that are centering around religion. While at one time custody arrangements were often fairly simple, with the mother of the child usually gaining custodial duties, nowadays more and more parents are battling it out in court and issues over religion are being used as a wedge to prove unfitness. A trend that is making many judges uneasy.
"Judges do not want to take on custody disputes rooted in religion, said lawyers like Gaetano Ferro, who until recently served as president of the American Academy of Matrimonial Lawyers. Mr. Ferro said, "How will a judge say in any rational fashion that Islam is better than Buddhism, Catholicism better than Judaism, or Methodism better than Pentecostalism?" As a result, more and more states have tried to keep custody disputes out of court by mandating mediation. But the effect has been piecemeal, and religious disputes have proven to be among the most difficult to resolve, lawyers said."
A consequence of this trend is that custodial parents who belong to a religion that may seem strange or "cultish" to an outsider are getting their rights challenged more often, and in some cases losing custody to the parent who belongs to a more "normal" faith.
"We were easy targets because we were made to look like cultists," Mrs. Snider, 36, said. "I think whether anyone admits it or not, almost all of the ruling had to do with religion. Nothing I had done was called into question except that."
This trend has had reverberations within the larger modern Pagan movement. Several recent custody hearings have had the parents adherence to a Pagan faith factor into the case. One of the most notable being the infamous SubGenius custody battle, in which a mother lost custody of her son, and didn't get it back until the biological father was imprisoned for drunken driving, she had racked up over 100,000 dollars in court costs, and was forced by a judge to remove all materials relating to the Church of the SubGenius from her home. Even after all that, she still only has "temporary" custody.
"Magdalen still does not have permanent custody of her son. Judge Punch took the case back and, for whatever reason, he has only given her a temporary custody order. This means that when Jeff gets out of jail, he could (in theory) take up the legal reins and continue harassing her once again."
So how do we solve these problems over faith, divorce, and custody? Some states are hoping that increased mediation will help solve some of these problems.
"Some states like California and Connecticut have taken innovative steps to get parents to resolve custody issues outside court. In Connecticut, for example, those seeking a court order have to meet with a family-relations specialist in an effort to negotiate. If that fails, they attend a daylong session to settle their differences before a panel that includes a lawyer and a mental health professional."
Meanwhile, some lawyers are pressing to give the children in such cases greater autonomy at ever younger ages.
"If Julie Ann Bergmann (the mother) and her supporters win this case it could create a legal precedent in which a minor as young as 13 could choose their own religious life despite the wishes of the parents. The ramifications for modern Paganism are immediately clear. A child who converts to a modern Pagan faith could refuse to attend Christian Church or be forced into a school that inhibited his or her religious choices. It would also help protect Pagan parents from custody challenges brought by Christian relatives (so long as the child expressed a preference for modern Paganism)."
Neither solution has made much headway in the legal system, and it seems likely that these sorts of cases will happen more often as religious minorities, and non-mainstream variations of the dominant monotheisms, continue to grow. Eventually, one of two roads will have to be taken. Completely leave out matters of faith from custody battles, or directly involve faith communities and experts on religion in the custody process. Neither path will please everyone, but our current system seems far too whimsical and uninformed to make wise decisions involving children and religions outside the mainstream.
Labels: custody case, law, litigation, New York Times, Paganism, Religion, Reverend Magdalen, Subgenius
1.31.2008
More on Christo-Pagan Inmates
The News Tribune, who recently published a story about the Washington Department of Corrections' new policy regarding a prisoner's ability to claim adherence to multiple faiths, weighs in with an editorial opinion on the resulting controversy.
"James Madison would have had nightmares trying to sort this one out. Such is the muddled backdrop of a new Department of Corrections policy requiring the accommodation of prisoners who profess bizarre hybrids of belief systems. The policy was forced by a lawsuit filed by an inmate who demanded to be accommodated both as a Seventh-day Adventist and a Native American practitioner. The court decided he possessed that right."
While the paper acknowledges the philosophical bind this puts some clergy in, they also point out that the government won't judge the merits or sincerity of a religious claim, even if that claim defies "logical scrutiny". The editorial suggests an ever-evolving "muddle" of a compromise between clergy made uneasy by the new procedure, and inmates wanting to profess adherence to multiple faiths.
"The state would be smart not to push this policy too hard on chaplains who, like Suss, cannot accept it on principle. An explicit conscience exemption to the general rule would be in order. The best solution would be to accommodate the beliefs of inmates and chaplains alike, finessing the potential conflicts on a case-by-case basis - like finding someone else to provide the crucifix. The First Amendment is something of a muddle in prison. So the best way to deal with it there is probably to muddle through."
While we all "muddle through" this issue, I wanted to mention a a comment made on this blog by Al Billings. Billings, who did prison ministry work with the McNeil Island prison, heard plenty about Tom Suss, the Catholic chaplain interviewed for the initial story (and referenced in the above editorial). According to him, Suss isn't the type of man who will work towards an agreeable compromise on this issue, especially if Pagans are involved.
"Suss was *hated* by the Wiccan and Asatru inmates (the latter were forced to meet for holy days with the former as Suss didn't recognize their group). I was constantly getting reports of Suss' snide comments about paganism from the inmates and covert (and sometimes) overt pressure on them from him. Now, inmates bitch a lot about things that are minor but it was pretty clear at the time that Suss took his role as a Catholic priest to be far more important than wearing the impartial "Prison Chaplain" hat. Everyone is better off with him and his ilk gone from prisons that have to serve people who aren't simply Christian."
Which makes me wonder, how founded are the complaints made by Suss? The original article included a quote by Dick Morgan, assistant deputy secretary for the Corrections Department's prisons division, who made it clear that clergy wouldn't be forced to perform services for any inmate.
"Morgan pointed out that the department's policy doesn't require anyone to perform ecclesiastical duties that run contrary to the tenets of their religion. A Catholic priest, for example, would not have to give communion to an inmate who had not been baptized, thus violating Catholic tradition."
So what this really boils down to is purchasing religious supplies. Something any free person can do with no impediment. I, for example, can walk into any Catholic supply store and buy a vast array of religious items without a second glance (in fact, I have done this). No doctrinal investigation required at the register. In fact, I know of no doctrinal impediment to allowing the purchase of a crucifix or a rosary, many of which are manufactured by non-Christian hands in places like China and Taiwan.
Is the "controversy" here real, or does it arise from a personal distaste at these new freedoms granted to prisoners?
Labels: Chaplaincy, Christianity, Christopagans, law, litigation, Paganism, Prison
1.29.2008
Can You Be a Christo-Pagan in Prison?
In the wake of a lawsuit, the Washington Department of Corrections has altered its policy regarding a prisoner's adherence to multiple faiths. Under the old rules, an inmate had to get written permission from each faith before being able to claim dual adherence. Now, those barriers have been removed, and any inmate may simply declare their involvement in multiple religions.
"It used to be difficult for state prison inmates to belong to multiple faiths. The offender had to have written permission from each religion saying it was OK to be a member of both simultaneously ... That changed Dec. 12, when the Corrections Department started allowing inmates to simply profess to belong to multiple religions simultaneously. The change was part of a settlement of an inmate's lawsuit. The inmate had contended the state was violating federal law by prohibiting him from worshiping as both a Native American practitioner and as a Seventh-day Adventist. The department eventually relented, gave the inmate $1,500 and changed its policy. Not long after, Suss said, an inmate at McNeil Island decided to become both Catholic and Asatru, a movement harkening back to the pre-Christian paganism of Europe and Scandinavia."
The article interviews a Catholic prison chaplain who is taking a leave of absence due to this new development, and may not return because his traditionalist stance on faith makes dual-adherence a logical impossibility.
"Common sense says you cannot be a pagan Christian," he said. "As a state chaplain, I must endorse state policy. I have to be willing to endorse this inmate's freedom to be both religions at the same time, but my own convictions being a Catholic priest don't allow for a Catholic to be a pagan at the same time."
Before we go deeper into the priest's problems, we need to take a moment to discuss the question of "Christo-Pagans" (Pagans who adhere to some form of Christian belief). Most Pagans don't claim to have the "only" or "one true" way of relating to the divine. In theory, there is nothing preventing a Pagan from practicing within multiple faiths (though wild eclecticism is frowned on in some quarters), the problem arises when one of the claimed faiths has an exclusionary view of truth and conception of the divine (many forms of Christianity, for example). This can create hostility and criticism from both sides when it happens.
Outside of a prison environment, these dual-practitioners usually settle into a comfortable compromise of their own that rarely confronts the traditionalists within exclusionary faiths (or other Pagans). Often these dual (or multiple) faith adherents gravitate towards the more "liberal" manifestations of the traditional monotheisms, or simply create their own private or group practice. As a result you can find Quaker Pagans, Jewitchery, Morwics, and a wide variety of Christopagans (not to mention syncretic faiths like Santeria and Voodoo).
Inside of prison, where just about every activity is regimented and overseen, true religious freedom has been harder to come by, sometimes due to security concerns, but often due to rigid and often discriminatory views of how faith should be handled. But since 2000, when the Religious Land Use and Institutionalized Persons Act was passed, inmates have been winning wider freedoms, including the right to belong to more than one faith. A prospect that stymies some officials in Washinton.
"State Sen. Mike Carrell, R-Lakewood, heard of Suss' situation and is adding language to an existing prisons bill aimed at protecting the jobs of chaplains whose duties come into conflict with their faith ... 'I don't know how somebody can be a pagan and a Catholic,' Carrell said. 'That's like being partly pregnant.'"
But this new freedom to engage in a multiple faiths is hardly a major burden on traditionalists. No Catholic, for example, will be forced to give communion to someone he feels has transgressed against the faith. In fact, the only real complaint comes down to buying religious supplies.
"If I stayed, the individual who identified himself as Asatru/Catholic could come in for religious items and if I refused, he could sue me," Suss said. "And the department would not defend me because I refused to endorse state policy."
When it was pointed out that a different clerk could sell the items, the disgruntled Catholic chaplain then displayed how out of touch he truly was with the modern world.
"Why should we allow them to be in prison what they can't be on the street?"
Of course "on the street" people are free to believe (or disbelieve) whatever they want. Their religious and spiritual options are virtually limitless. They engage in several religious traditions with little to no negative repercussion. Perhaps it is time for Father Tom Suss to retire, after all, Pagans outnumber Catholics in Washington prisons (they are, in fact, second only to Protestants), and I haven't heard of any official Pagan chaplains being hired to service that population. Perhaps lawmakers in Washington should deal with that issue before arguing over whether Christo-Pagans can truly exist.
Labels: Chaplaincy, Christianity, Christopagans, law, litigation, Paganism, Prison
1.25.2008
Tulsa and Sectarian Prayer
The Tulsa City Council has decided to change their "unwritten" policy concerning opening prayers to now allow references to specific deities.
"Tulsa's City Council voted Thursday to change an unwritten policy so that people can name a deity when praying before the council's regular weekly meetings ... The council's previous prayer policy, which prohibited the use of the name of Jesus, Allah or other religious figures, had prompted complaints. Councilor Rick Westcott, who sponsored the change along with Councilors Bill Christiansen, John Eagleton and Cason Carter, said it was warranted because of Tulsa's rich history of a variety of faiths. "I think it's important for this council to open this meeting with prayers that allow people to express the fullness of their faiths," Westcott said."
The new policy passed 7-2 despite critics invoking conservative Christianity's ongoing fear that their "religious freedom" chickens will eventually come home to roost.
"Tulsa Metropolitan Ministry Executive Director James Mishler also spoke against the change, questioning who would decide what is a "recognized congregation." "I think the very people who have been encouraging you to make this change are going to be very uncomfortable when the priest from the Hindu temple is standing here chanting in the name of Krishna or when someone from the Wiccan community offers prayers to the earth mother," he said."
Do you lead a Pagan congregation in Tulsa? I encourage you to contact the city council and volunteer to give an opening prayer. Councilor Bill Martinson has said that he wants "varied" faiths to participate so that "one denomination does not dominate the prayer week after week." Lets see how strong their commitment to religious freedom really is.
Brief Updates on Past Stories
I would also like to give a couple brief updates on stories I have reported on previously. First off, Livingston Parish in Louisiana has decided to hold an open hearing on Feb. 11. to discuss repealing its anti-soothsaying ordinance.
"Councilman Randy Rushing, who said the ordinance is "not going to hold up" in court, made the motion to hold a hearing on the proposal to repeal the ordinance, which was enacted last year. Rushing's proposal was approved 5-2. The hearing will be held during the council's next meeting at 6 p.m. Feb. 11."
This move comes after a local Wiccan brought federal litigation against the parish, and the parish's lawyer advised the council that they would most likely lose in court. I'm no soothsayer, but I predict that ordinance will be repealed before the end of February.
Secondly, police investigators in San Diego have ruled that the death of Wiccan priestess Mimi Rohwer is indeed a homicide, and not accidental.
"Investigators ruled the death a homicide Thursday after the autopsy, which showed she was strangled by hands and not with an object, according to the Medical Examiner's Office."
The prime suspect is Julio Cesar Jacobo-Curiel, a day-laborer who had been staying with Rohwer, and who has been missing since her death. Witnesses claim that Rohwer had been having problems with Jacobo-Curiel, and wanted him to move out. Crime Stoppers is offering a $1,000 reward for information that leads to an arrest. To leave an anonymous tip, call (888) 580-TIPS.
Labels: Cliff Eakin, law, litigation, Livingston Parish, Oklahoma, Paganism, psychics, Religious Freedom, Tulsa, Wicca
1.24.2008
(Pagan) News of Note
My semi-regular round-up of articles, essays, and opinions of note for discerning Pagans and Heathens.
Police in San Diego are investigating the possible homicide of great-grandmother and Wiccan priestess Mimi Rohwer.
"San Diego County sheriff's deputies found 75-year-old Mimi Rohwer dead in her mobile home early Wednesday morning ... She "appeared to have some injuries" that could have been caused by either violence or an accidental fall, according to Homicide Lt. Dennis Brugos. Brugos mentioned no specific leads, but neighbors and friends told of recent feuds she had with a neighbor and a migrant worker who lived with her."
Friend and fellow adherent to Wicca, Bill Eade, told the press that while he was sad, he knew her spirit would return in another body.
A case of grave-site disturbance during Halloween in New Hampshire, once theorized to be the work of some sort of occult practitioner, has instead turned out to be a trio of prankster teens.
"Police have arrested three teenagers in connection with the disturbance of a nearly two-century-old gravesite at the remote Bible Hill Cemetery around Halloween ... At the time, Police Chief Brian Brown said he did not believe teenagers were involved. "If it was teenagers, they'd be talking." That led investigators to study up on magic and witchcraft, hoping they'd find some link or motive in the case. But the suggestion that the body of a woman who died more than 180 years ago might be desirable to practitioners of witchcraft prompted a flurry of angry telephone calls from all over the country and Canada."
One wonders if a "mea culpa" will be forthcoming from Hillsborough Police Chief Brian Brown for smearing Pagans and occult practitioners.
Thinking of banning fortune telling in your town? You better listen to the lawyer for Livingstone Parish in Louisiana first.
"Livingston Parish officials have been advised by their lawyer that they would likely lose a lawsuit over the parish ordinance against soothsaying. A Wiccan minister, Cliff Eakin, has sued the parish over the ordinance ... Blayne Honeycutt, the council's attorney, has advised council members to repeal the ordinance, a move that was to be considered Thursday night. He recently told the council it would probably lose if it attempted to defend the suit."
Looks like Wiccans and other fortune-tellers will be able to play their trade very soon in Livingston Parish. Will this result in other towns withdrawing bans to avoid lawsuits? As I have stated before, look for the "psychic wars" to continue to rage as religious minorities who lean on income from divination to get along grow in size. For more on this specific story check out my previous post on the subject.
Over at the On Faith blog, Starhawk points out the problems of amending America's Constitution to be more in line with "God's law" (as Mike Huckabee recently claimed he wanted to do).
"It's all very well to propose amending the Constitution to be in line with 'God's standards' - the question is always, which God? What set of standards? And who gets to decide? I'm a Pagan. We have many Gods, with widely varying sets of standards. Are we going to amend the Constitution in favor of Hera, Goddess of marriage, or Aphrodite, Goddess of unbridled love? Do we mandate the wild, ecstatic worship of the goat-god Pan, or the more sedate contemplation of Sophia, Goddess of wisdom?"
Our founders knew that having a State religion could lead to State-sponsored oppression of minority faiths (at the time, it meant tensions between different Christian sects), its a shame that so many of our current politicians seem to have thrown away that wisdom.
In a final note, for those of you keeping track of religious freedom cases within our court system, the U.S. 9th Circuit Court of Appeals has given a definition of "religious exercise" within the constrains of the Religious Land Use and Institutionalized Persons Act.
"The Court of Appeals held that "religious exercise" means a particular practice within a religion - here attending group services - and not merely the general practice of one's religion. So a substantial burden on that practice is enough to create a RLUIPA problem."
In other words, prisons would have to provide proof that bans on group practice constitute the "least restrictive" method of providing adequate security. Expect several cases to develop from this new ruling, including litigation from incarcerated Pagans.
That is all I have for now, have a great day!
Labels: Cliff Eakin, law, litigation, Livingston Parish, occult, On Faith, Pagan News of Note, Paganism, Prison, psychics, Starhawk, Wicca, Witchcraft
1.23.2008
Christian Military and Malicious Magic
The Philadelphia Jewish Voice has posted a chilling interview with Michael Weinstein, founder of the Military Religious Freedom Foundation, and a former Naval serviceman who served with the Reagan Administration. Since 2004 Weinstein has been waging a very public battle over what he sees as the pernicious influence of a certain strain of evangelical Christians on our supposedly secular military. Since starting his organization, Weinstein claims that nearly 7000 active duty members of our military have come forward complaining of harassment due to their religious faith.
"By last week, over 6,800 active duty members of the United States Marine Corp, Navy, Army and Air Force have come to our foundation pretty much as spiritual rape victims/tormentees and the shocking thing is 96% of them coming to us are Christians themselves. Roughly three-quarters are traditional Protestants, like Presbyterians, Episcopalians, Lutherans, Methodist. We get Mormons, we get Assembly of God, Church of Christ, Southern Baptist. One-fourth of that 96% percent of that total universe of 6,800 --- more each day --- one-quarter of that 96% are Roman Catholic. About 4% will be Jewish, Islamic, Buddhist, Hindu, Wiccan, Jain, Shinto, Native American spirituality or atheist or agnostic."
Weinstein has also received death threats, "talks" from fellow Republicans and military men who tell him that the Jews who died in the Holocaust are burning in hell, and malicious magical prayer workings from evangelical Christians.
"I wanted to say one more thing. You know, we do not talk about this a lot, but our family has a lot of stress. We get death threats practically every day. We've had the largest windows in our house shot out, we've had dead animal sacrifices put on our front door. We've had feces and beer bottles thrown at the house. My wife and I have a group of what we presume are fundamentalist Christian women who call about every eight to 10 days, for most of the last 34 months, and they just chant on the phone, "Mikey Weinstein, bullet in the head, praise the Lord, he's finally dead." We've got little children, three or four years of age, call and say, "Now we lay you in your grave, there was no way you could be saved; you hate our Lord and he can tell, which is why you burn in hell." And that's not the worst part. The worst part is listening to the adult males and females in the background telling them what to say and how to do this."
Anyone from a Pagan tradition that practices magic will instantly recognize those phone-calls for what they are, directed group workings with the goal of Weinstein's death. The kind of "black magic" that is almost universally seen as morally repugnant within our communities. These claims of abuse, intolerance, and mistreatment towards soldiers of the "wrong" faith, while shocking, points to a trend I have been reporting from the Pagan angle for some time now. A trend that puts our Pagan troops in danger, and is a scary harbinger of what our military could become if left unchecked.
For those wanting to help Weinstein in his struggles, there is a page for making monetary donations to his (non-profit) organization, and I'm certain he wouldn't mind prayers, devotionals, and workings from Pagans to help counteract the "magical war" being waged against him by Christian groups. For the latest news from the Military Religious Freedom Foundation, click here.
Labels: litigation, Military, Military Religious Freedom Foundation, Paganism, Religious Freedom, Wicca