Reasons and Resources Decreasing
Number of Legal Cases Involving Discrimination Against Pagans
Over the
last 28 years, I have noticed a significant decrease in the number of legal
cases that have come to the attention of National Pagan organizations, e-mail
lists, and echoes (before the Internet became common) in which Pagans were
facing legal problems because of religious discrimination. The reasons include:
*
Accurate
reporting about Pagan beliefs and practices in mass media
*
An
increasing inventory of pertinent legal precedents.
*
Increasing
numbers of Pagans and Pagans out of the broom closet, resulting in with more
people knowing Pagans personally, along with something about their character
and practices. Between 1982 and 2000, I published a relatively comprehensive
Calendar of public Pagan events two days or longer in duration (covering
English Speaking Nations). My records
between 1982 and 1995 showed the number of such events to double about every
4.5 years.
*
Increased
availability of information and resources to investigate and deal with
religious discrimination without having to go to a national organization. The
vast majority of such cases that I run into now are dealt with local or
regional resources, without having to call on National Pagan rights groups and
media.
*
Increased willingness of
some Government Civil Rights Commissions to quickly take action against discrimination
against Pagans. For example, a 2006 case in Ohio involved Camp Crooked Lane,
a Girl Scout Camp, being unwilling to continue renting to the Pagan Community
Council of Ohio (PCCO) for their Somerset and other gatherings because of
complaints about the camp being made available for Pagan events. A complaint
by the Pagan Community Council of Ohio to the Ohio
Civil Rights Commission resulted in quick action in which the Civil Rights
Commission informed them that, if they will not rent to the PCCO, they could
not rent to any organization that is not actually part of the Girl Scouts.
It did not result in their making the site available to PCCO, but it did make
them pay a heavy cost by not being able to rent the site (at least legally)
to outside organizations.
*
Help from the Americans
United for Separation of Church and State (AU), the ACLU
and the Becket Fund for Religious Liberty
(BF). In addition, the serious threat of bringing them into a situation as
put a stop to many religious discrimination situations before they had to
go to court (as has education of the people who were discriminating).
While many
cases of religious discrimination against Pagans are alleged, often Paganism
may not be a major factor in the situation (if it is at all). Research is needed to determine the truth of
an allegation. However, religious
discrimination against Pagans continues to happen from time to time, sometimes
with serious results. This is especially
likely when the Pagan and the Pagan’s attorney are unprepared and/or the judge
or institution involved is prejudiced.
My
experience is that serious cases of discrimination happen most often in rural
areas, small towns and places that are not culturally diverse. Florida,
Tennessee, and Texas had more than their share. It also does happen in
cosmopolitan areas, but it is much less likely. Furthermore, dealing with large
government organizations with ponderous rules and prejudiced bureaucrats can
require a tremendous amount of expense and legal help, such as with the recent
Prison and the VA pentacle gravestone marker cases.
The most
common problems are when Paganism is brought up in Custody cases; the parent
and his or her attorney are unprepared; and the judge is prejudiced against
Paganism. Employment problems come up second.
While a
spouse or relative may bring up Paganism through their attorney in a divorce,
cases also happen when the local Family Services agency takes children away from
both parents because they are Pagan (or attempts to take them away). However,
increasingly (but not always) judges and family services investigators know
that Paganism is a category of religion protected under the constitution, and
immediately throw it out as an issue when brought up (unless very unusual and
harmful practices can be proven).
Custody
cases are so common that I have developed Boilerplate text with instructions on
how to remove Paganism as an issue in custody cases when it comes up. The latest
version is on-line at http://www.erlan.org/BOLRPLAT.TXT. Suggestions on how to improve the guidance
are appreciated.
This
guidance cites the Lady Allyn evidence packet, a 1996 collection of evidence
that has been used successfully in court cases to establish that Wicca and
Pagan practices are religious and protected under the US Constitution.
Documents included in the evidence packet include:
*
A
Pledge to Pagan Spirituality by Pagan Spirit Alliance
*
The
Invisible Pagans, by Julian Vayne, Pagan Voice, Issue 40, 17, Blenthwin Close,
Henbury, Bristol BS10 7BH Tel: 0117
9506895
*
Paganism:
Precursor of the Future, by Ed Fitch (may be from Llewellyn New Worlds, date
unknown)
*
Satan
has no Place in Wiccan Theology by Clark Morphew from St. Paul Pioneer
*
Come
All Ye Pagans by Curt G Columbus Alive, December 25, 1981
*
Witchcraft
by Joan Scobey from New Woman, September 1987
*
Witches
in Military Demand Rights, by Grant Willis, Army Times (date unknown)
*
Pagans
Emphasize they Don't Worship the Devil, by Grant Willis, Army Times (date
unknown)
*
An
Introduction to Paganism and Witchcraft, by Andras Corban Arthen, The
EarthSpirit Community
*
Types
of Occult Activity by State of California, Office of Criminal Justice Planning
*
Religious
Requirements and Practices of Certain Selected Groups, a Handbook for
Chaplains, Department of the Army Pamphlet 165-13, April 28, 1978
*
American
Council of Witches, Organization, Leadership, Worship
*
Letter
from Richard Walinski, Chief Council, State of Ohio, Office of the Attorney
General on whether or not Organizations are Religious Societies, December 6,
1976
*
Pater
vs. Pater (1992), 63 Ohio St.3d 393 -Supreme Court of Ohio on Custody Law and
Religion
*
Unitarian
Universalists and Pagan Culture, Circle Network News, Spring 1996, Vol. 18, No
1, David Burwasser, Oberlin Ohio
*
Ethics
and Oracles by Patrick Price, Pagan Solitary Network Newsletter, Winter 1990
*
Getting
and Keeping a Coven Going, by Rebecca Crystal, Circle Network News, 1981
*
Birth
of Pagan Groups, Grey Cat, Circle Network News, Samhain 1986
*
Starting
a Circle, Some Suggestions
It could
use an update, especially a comprehensive and up to date record of pertinent
legal precedents and scanned documentation from the various Parliament of World
Religions gatherings. However, it still
is useful.
Unfortunately,
many of the documents in this evidence package are still covered by copyright,
or I would have uploaded it to several FTP sites and posted the associated
documents on the web by now. However,
the information can be shared privately for “research” purposes, especially to
Pagans and their attorneys when dealing with Religious Discrimination. Contact me at lcornett@en.com if you need a
copy of packet as a .pdf file for research purposes.
Pagans
facing legal problems associated with their religion are encouraged to read the
documents, identify the specific documents that fit their beliefs, and provide
them to their attorney. Attorneys can
take it from there. If needed, they can
contact Lady Allyn (a paralegal) for specific information on how the evidence
was used successfully in specific legal cases.
If the attorney needs certified copies, Lady Allyn can make the
necessary arrangements. Lady Allyn can
be contacted at:
Lady Allyn
136
Prospect Avenue
Middletown,
New York, 10940
(845)343-2372
ladyallyn17@yahoo.com
She does
not have a PC at home, so the best way to contact her is by phone.
At one
time, Lady Allyn was receiving a case about every ten days, but the frequency
was dropping off. Her last case was
around 2004 (probably partially because her older public contact information
was no longer good, and we lost contact with her; and partially because cases that
would benefit from her attention are lest frequent). Similarly, I used to receive requests for
assistance from Pagans with upcoming custody cases several times per month, but
the frequency has dropped off to several requests per year.
To the best
of my knowledge, no Pagan parents have lost custody of their children based on
general consideration of their being Wiccan or Pagan, when their attorneys have
been properly prepared through:
*
Use
of the Lady Allyn evidence package
*
Appropriate
consideration of the legal precedents in their State and constitutional law
regarding the role of religion in custody cases in their state
However, in
one case the evidence was ignored by the judge, and had to be appealed.
Arranging for a transcript of your custody hearing to be taken and having a
copy of the transcript can be very helpful if your case has to be appealed.
Lady Allyn
and members of her coven host informal Pagan moots (with a different theme
every day) next to Babylon Heights between 5 and 7pm at Sirius Rising and
Starwood.
Groups like
AREN, the Lady
Liberty League, the Our
Freedom Coalition, and the Earth Religions
Legal Assistance Network have been very helpful when additional help is
needed -- especially when they and their contacts help mobilize the AU, ACLU
and/or BF when serious legal resources and associated funding are needed.
For other
guidance and resources, see the files in http://www.erlan.org,
especially the topic specific links at http://www.erlan.org/helplink.htm and
the links to Pagan Rights organizations at http://www.erlan.org/ERRO.htm.
I would
have added the Our Freedom Coalition at http://www.ourfreedomcoalition.org
to http://www.erlan.org
by now, if I were confident that the publicity would be appropriate. Cases and issues are generally brought to the
coalition through its members, rather than directly through some central clearinghouse.
The Our Freedom
Coalition replaces much of the active networking between groups that was occuring
when the Sacred Earth Alliance
I encourage
you to link your webpages to http://www.erlan.org
and other pertinent resources so that people facing religious discrimination
can more easily locate the contacts and information that they may need.
Suggestions
on additions and corrections to the aforementioned files and webpages are
encouraged.
Blessed be
and Never Thirst!
Larry
Cornett
(216) 583-0007 lcornett@en.com
