[The following is a guest post from Pagan chaplain and activist Patrick McCollum. McCollum is currently involved in a high-profile case against the California Department of Corrections and Rehabilitation, which just suffered a setback in a recent Ninth Circuit Court decision. He can be reached through the Patrick McCollum Foundation.]

I have just returned from the Himalayas where I have been on a humanitarian mission to help the people of the remote villages of Nepal to improve their circumstances. I received the news about the 9th Circuit’s ruling in my case, and I am working on my response and I will post it shortly. But I also received other news, news that’s related to my case and which for me holds even a higher priority to share. Today, I learned that one of the Pagan inmates, a woman named Nicki who I’ve worked with for years, died in the prison alone.

Nicki was a dedicated Pagan who found solace in our sacred practices and who told me that the thing that gave her hope and a reason to live, was her opportunity to participate in our rituals in prison. On my last trip to the prison, accompanied by Starhawk and several others, we were denied the ability to provide an already pre-approved Beltane celebration by prison officials. Not only were Nicki and the other Pagans denied their constitutional rights, but they were also threatened by prison officials with punishment for even meeting with us. Nicki had told me she was very distraught at not being able to have a Pagan chaplain and that she really needed clergy from her own faith for counseling and support.

Nicki is the 8th Pagan inmate in the California Department of Corrections that has died alone that I’m aware of, who was requesting equal rights from the CDCR and was denied it, and who specifically expressed that it was critical for her to have access to counseling and support from a Pagan chaplain. Now the rest of the women in Nicki’s Pagan circle are requesting to have a ritual to acknowledge her death and to process their grief, but because they do not belong to the five favored faiths, and they don’t have a chaplain to facilitate it, they can’t meet. This is a huge weight on me. I am doing everything I can to try to get the state to act in a responsible and moral manner and to change their discriminatory policies against minority faiths, but they are fighting with everything they have to deny us.

People are dying …. Our people are dying alone and in despair. Please show up. Each and every one of you needs to press the state of California in any way you can. Write your state senators and congressmen. Write to the California Department of Corrections and the California Attorney General’s office. Contact the Governor. Tell them we won’t stand for this! As for me, if the CDCR thinks winning this round in my court case is going to take me out, they haven’t got a clue. I am a Priest of the Goddess and I draw on the inspiration and spiritual support of our community. And we, my friends and fellow Pagans, have survived millennia of persecution and we’re still here.

I have just flown 32 hours across the world after climbing the world’s highest mountains to help our brothers and sisters there. I’m tired and every muscle and bone in my body ache, and I need sleep. But I refuse to submit to injustice. I am hoping that if I can get up tomorrow and return to the battle after all that, that each of you will do your part. But before that, please take a moment and light a candle for Nicki and all of the others who have suffered alone. I know it would mean a lot to them to know that they are not forgotten.

As the recent Ninth Circuit Court decision in Patrick McCollum’s case against the California Department of Corrections and Rehabilitation reverberates through our community, those familiar with the law (and “legalese”) are weighing in. Yesterday I quickly pointed out Rhett Aultman’s commentary on the McCollum decision, in which he explains why he thinks the decision was sound and what steps we should be taking from this point. I’d also like to point my readers to the comments made at this site by Alley Valkyrie, a paralegal who works for a lawyer that specializes in federal civil rights litigation. She also thinks the ruling on standing was appropriate. Now, fellow Pagan blogger Hecate, herself a lawyer, gives a clear breakdown of what the ruling is, and where McCollum, his legal team, and the larger Pagan community (and its allies) should go from here.

“Judge Schroeder sets out a clear path that shows how to build a successful case. Pagans need to request visits from Pagan chaplains (in hospital, when they are concerned about their family members, before appeals and other trials, etc.) and document that they get denied because their chaplains are not “regular paid chaplains.” They’ll probably also have to accept a visit from, say, a Catholic priest who counsels them about the evils of Witchcraft and then show why that didn’t work for them. And then, with the help of McCollum, those willing to raise funds and do magic, etc., they’ll have to pursue their claims in a timely manner.

This is the work of a number of years. It’s not nearly as likely to sustain long-term Pagan interest as, say, a run at SCOTUS, which, as I’ve noted above, is, at best, a pipe dream and, at worst, a way to have this loss turned into a complete and total loss. But it’s how civil rights have always been won. Thurgood Marshall laid out a long-term, multi-year, incremental route to Brown v. Board of Education. And he won.”

I know I say “read the whole thing” a lot when I link to essays, but here I really, really, mean it. I encourage everyone, especially my fellow Pagans who produce media, to start from the top and work your way down. The issue of standing vs arguing the actual case has tripped up a few commentators around the web, and if we’re going to have  a productive discussion on this issue we need to be clear what was actually decided here, and what our options are going forward.

As this goes forward, I’m hoping to get commentary from Patrick McCollum once he’s back in the country, and ideally from someone on Patrick’s legal team so they can share their opinions and analysis of the ruling. I’ve been covering this story for years now, I plan to continue covering it in the future. We have to collectively keep our eyes on the prize here, and not forget about the rights of Pagan prisoners if a high-profile SCOTUS appeal doesn’t happen. I’d like to thank Hecate, Rhett, and Alley for lending their expertise toward helping us grasp this decision, and what the options are going forward.

I hope you’ll forgive me while I briefly chat about some media I’ve been appearing in lately. First, I was interviewed by Steve McManus for his Forbidden America podcast, you can listen to that, here. I then appeared on the Witchtalk Conjure podcast/videocast, hosted by Karagan and Indigo Astrea. Both of those interviews were inspired in part by the ongoing initiative to get me on The Daily Show (something I didn’t initiate, but am flattered by). You can find the latest push in that effort, here. For my part, I suggested that folks interested in making minority religious voices heard turn that energy towards mobilizing the current campaign into a media watchdog organization. That has happened, and All Faiths Created Equal was born.

“This page is dedicated to spreading awareness of minority faiths, non-faith, religions, and practices. This page also aims to hold the media accountable for poor portrayal of minority faiths, and general spread of misinformation of these faiths and individual members/practitioners.”

They are just getting started up, so if you’re on Facebook, why not join them and help in their endeavour to give outrage and frustration with how the media handles minority faiths a productive outlet.

Former Get Religion contributor and religion journalist Elizabeth Eisenstadt Evans has posted the second part in her series on New Age and Pagan religions for the Lancaster Intelligencer Journal (part one is here). I am again quoted in the column.

Paganism is a still-vital spirituality, one whose influence is difficult to calibrate. Modern paganism, a relative newcomer on the American scene, is an umbrella term for several distinct religions, pagan journalist Jason Pitzl-Waters said in a telephone interview. ”While surveys suggest roughly a million pagan practitioners in America,” he said, “if you count people who have unorthodox religious views, then there are many millions of people.” [...]  When pagan thought was imported from Great Britain in the 1960s, in large part thanks to the work of British writer and Wiccan Gerald Gardner, it found a temporary home  in the New Age arena, Pitzl-Waters said. ”There was enough overlap between our spirituality that when modern paganism appeared on the scene, it found a safe haven,” he said. But paganism has features that distinguish it from New Age spiritualities, Pitzl-Waters said. One example: “Paganism is very much a here-and-now theology,” he said.

It’s a nice column, though I would have expanded on the differences between New Age spirituality and modern Pagan religions. I’d also like to quibble and state that Raymond Buckland deserves mention as a force that brought Wicca to America. I’ve opined before on how many Pagans found safe haven and resources at New Age shops and events during the years when we were far more isolated and dependent on friendly fellow travelers. I came of age as that alliance was crumbling, and modern Pagans were becoming increasingly uncomfortable with being lumped in with New Age practitioners, taking pains to point out our different theologies and histories.

But enough about me! Before I go I wanted to quickly share a few links that I wasn’t able to round up yesterday.

• It seems I missed out on the fact that Mrs. B from Confessions of a Pagan Soccer Mom has been receiving death threats for the great sin of winning a ranking contest on the Internet. It’s sad that some Christians are so threatened that they would spit on the savior they claim to follow with such reverence. In the meantime, vote for Mrs B and all the other Pagan mom blogs!
• CNN’s Belief Blog reports on a study by Cimminnee Holt that examines attitudes towards death and dying within modern Satanism. According to Holt “Satanists are, literally, creating their own afterlife in the memories of those they have affected.”
• The prosecution in the James Arthur Ray case has rested. The defense has called, yet again, for the case to be dismissed. If it isn’t (and it probably won’t be, just like all the other motions to dismiss so far) we’ll hear from the defense’s witnesses next week. More here.
• Rhett Aultman breaks down the McCollum ruling on standing, explaining why he thinks the decision was sound and what steps we should be taking from this point. I’ll have lots more on this in the future, but I just wanted to give a heads-up on this now, so folks can read up.
• Amy Hale wrestles with the use of the term “elder” within the modern Pagan community, noting that there been increasing “institutionalization of the term” and wonders if there are aspects of appropriation in its adoption.

That’s all I have for now, have a great day!

There are lots of articles and essays of interest to modern Pagans out there, sometimes more than I can write about in-depth in any given week. So The Wild Hunt must unleash the hounds in order to round them all up.

• Since the incident last week where Mrs. B from Confessions of a Pagan Soccer Mom was attacked (and “prayed for”) by Christian mom-bloggers for performing too well in the “faith” category at Circle of Moms a wonderful thing has happened. First, several Christian mom-bloggers apologized for the behavior of their coreligionists, and thanks to a mobilized online Pagan community Confessions of a Pagan Soccer Mom is now in first place, and several other Pagan mom-blogs (The Pagan Mom Blog, Witch Mom, Hearth-n-Home, etc) are in the top 10. Congrats! Voting remains open till June 8th, so support Pagan moms!
• The “Pagan” label discussion/debate has started to slow down a bit, though my comments section is still quite active. That said, there are a couple new entries in the back-and-forth that I thought were worth mentioning. First, Phaedra Bonewits gives a somewhat historical perspective of debates within the Pagan community, and reiterates her late husband’s definitions of the term Pagan. Then, Matthew N. Hunt, admin of the Polytheism Fan Page on Facebook, argues that “different religions, different values, different world-views should be appreciated as just that.”
• The Warriors & Kin/Pagan Newswire Collective effort to “clip for the troops” is now officially underway. The chosen post/base for this effort will be US Army: Illesheim, Germany. On the subject of troop support, you may also want to check out PNC-Minnesota coverage of the Memorial Day gathering to honor fallen Pagan service members.
• For those looking for non-Pagan coverage of the Patrick McCollum Ninth Circuit ruling, here’s some links: Religion Clause, SF Weekly, Courthouse News Service, ABA Journal. More from me on this in the near-ish future.
• News of the Religious/Christian Right’s demise was apparently greatly exaggerated. Ralph Reed matters! The Faith and Freedom conference (now underway) is a who’s who of Republican presidential hopefuls. What does it say about a party where just about every serious candidate is willing to court a very distinct subset of Christian, one that largely denies religious minorities equal treatment. If we were truly a secular nation, it might just be a scandal. I guess conservative non-Christians are too small a group to get equal time. Meanwhile, the Republican wave of 2010 has brought with it a wave of social conservative anti-abortion legislation. What’s next on the social agenda once these states have hamstrung women’s right to a legal medical procedure?
• Thyrsos-Hellenes Ethnikoi in Greece invites everyone to celebrate the Summer Solstice with them. “At the dawn of the 21st of June, at the very moment when the first rays will be shown from the horizon, light up a Fire, a candle, a torch, whatever you may find possible and heading towards the Sun make a Salute to the Invictus God!” They’d also like you to send them photos of your salutation to the Sun.
• Nepal is currently working on a new law that would ban evangelism. If passed, it would prohibit conversion “by offering inducements or without inducement,” and preaching “a different religion or faith with any other intent.” Nepal’s Christian community has apparently been caught by surprise by this effort. While I’m sure there might be a knee-jerk impulse to applaud such a law, I’m troubled by its speech-prohibiting overreach. Patrick McCollum is actually in Nepal at the moment, and once the excitement over his California court case dies down a bit, I’d love to ask him his opinion on this.
• Did you know that June is the 3rd annual Pagan Values Blogging and Podcasting month? Well it is! I’m hoping to participate soon. In the meantime, do check out the many wonderful entries made so far. Facebook event listing, here.
• Did the urge to worship actually spark civilization? That seems to be the emerging theory from National Geographic, who are covering excavations at the Göbekli Tepe in Turkey.
• A bunch of dead goats are found in Tampa, Florida, but for once Santeria seems to not be blamed. “With 11 bodies, as opposed to one or two that you typically find in a Santeria type practice, it doesn’t lend itself to that type of situation, but we haven’t ruled it out,” says [Hillsborough Animal Services investigator Pam] Perry. Could law and animal enforcement agencies be acquiring some nuance in approaching dead animal remains? Lets hope so.

That’s it for now! Feel free to discuss any of these links in the comments, some of these I may expand into longer posts as needed.

Yesterday the 9th Circuit Court of Appeals published their ruling upholding a California district court’s decision to deny Pagan chaplain Patrick McCollum standing in his case against the California Department of Corrections and Rehabilitation. McCollum’s case centers on the State of California’s “five faiths” policy. This policy limits the hiring of paid chaplains to Protestant, Catholic, Jewish, Muslim, and Native American adherents. While the state of California and the judge’s rulings made so far argue that McCollum doesn’t have standing to bring this case to court, that assertion is challenged by a number of legal advocacy groups and faith organizations. One of those groups, Americans United for the Separation of Church and State, who filed a joint amicus brief in support of McCollum, sent me this statement regarding the Ninth Circuit’s decision.

“We are deeply disappointed by the court’s ruling.  Based on procedural technicalities, the court has allowed the California prison system to continue rank discrimination against Wiccan prisoners and chaplains.  The Constitution requires all persons to be treated equally regardless of what their religion is.  California’s practice of only paying chaplains of certain faiths, while requiring chaplains of other faiths to work for free, is religious discrimination that plainly violates the Constitution.” - Alex Luchenitser, Senior Litigation Counsel, Americans United for Separation of Church and State

In addition to Americans United, a number of prominent Pagan individuals and organizations have been weighing in on this latest development. Reclaiming co-founder, author, and activist Starhawk was one of the first to respond, making plain her deep disappointment in the ruling.

“I am deeply disappointed in the 9th Circuit Court’s ruling.  This is terrible setback for the rights of Pagans and of all prisoners to religious freedom.  I have personally experienced just a taste of the harrassment and obstacles placed in the way of those who would serve Pagans in the California prisons.  (See my account of a visit) Patrick McCollum has been tirelessly fighting for their rights for many years now, and I know he’ll continue, but more than ever he needs our support.  You can contribute at the Patrick McCollum Foundation web site.”

Patheos Pagan Portal Manager Star Foster said she was  “disheartened by the decision” but firmly believes “that the CA Dept. of Corrections policies are unconstitutional and will be changed.” Foster further noted that “this fight isn’t just about Wicca, and it doesn’t stop here.” Archdruid Kirk Thomas, speaking on behalf of Ár nDríaocht Féin, said they could “only express one reaction to this news – profound disappointment.” Thomas and the ADF say they “pray that equal treatment for all California prison inmates, regardless of religion, will eventually win the day.” California-based Pagan chaplain Joseph Nichter was “saddened and angered” by the news, and emphasized that Patrick McCollum “needs your help and support.”

Two groups that have worked very closely with Patrick McCollum over the yars, the Lady Liberty League and Cherry Hill Seminary also spoke out yesterday. Jerrie Hildebrand, Special Issues Coordinator and PR Coordinator for Lady Liberty League joined others in expressing disappointment in this ruling, and vowed that “the quest for religious freedom and equality will continue.” Holli Emore, Executive Director of Cherry Hill Seminary, released the following personal statement on the matter.

“In my tradition we hold sacred the balance of Ma’at, the principle which governed every aspect of ancient Egypt, and the goddess who stood by the scales at the weighing of each person’s heart after passing from this life. Patrick McCollum has spent so many years of his life seeking maat for all of us, including teaching for Cherry Hill Seminary, which supports Patrick’s fight for justice.  What does it take for the scales to return to a balance for Patrick and the Pagan inmates he has served these many years?  Only a week ago I wrote about my own decision to push back against those who would have marginalized my religion.  My situation is barely significant in comparison to Patrick’s long-running court case, but the lesson is clear: if we do not stand for our rights, with integrity, we will lose them.”

We still await word from Patrick McCollum on the matter, though he is outside the country right now and hard to access. I’m in contact with the Patrick McCollum Foundation and once I receive any formal statement, I will post it here. For now, what path McCollum and his lawyers might pursue remains an open question, though some think a Supreme Court appeal may happen. The Firefly House clergyperson David Salisbury, based in Washington DC, said his organization is ready to rally to McCollum’s side should a SCOTUS appeal go forward.

“Living in the nation’s capital, we are all too familiar with the legislative and political obsticles that have slowed the progress of equality for all. We were disappointed to learn of the 9th Circuit ruling and hope that McCollum’s legal team will press on. Should this matter be brought to the Supreme Court here in DC, our community will be ready to support this fight in the district.”

It’s clear that Patrick McCollum’s tireless work on behalf of Pagan rights has won him the support and admiration of a large cross-section of the Pagan community. The question now is how Pagans can best leverage that support towards ending California’s discriminatory policy, and fulfilling the constitutional promise of equal treatment under the law. As more reactions come in, you’ll be able to find them here at The Wild Hunt.

ADDENDUM: Statement from T. Thorn Coyle and Solar Cross on the ruling.

The 9th Circuit Court of Appeals has just published their ruling in the case of Patrick M. McCollum; et al., v. California Department of Corrections and Rehabilitation; et al. The decision upholds the district court ruling that McCollum doesn’t have standing to bring the case (an assertion that is rejected by McCollum, Americans United, the ADL, and other groups).

“The district court properly dismissed and granted summaryjudgment in favor of the defendants on McCollum’s claimsbecause, for the most part, he lacked standing. As a prudential matter, we agree that the court need not exercise jurisdiction over these derivative claims. Although McCollum had standing to pursue his personal employment claims, and also constitutional claims for differential treatment as a volunteer chaplain and retaliation, ultimately he cannot prevail on those claims. We therefore affirm.”

This leaves McCollum’s team with two options, either start from scratch with a new case, or appeal to the Supreme Court of the United States. After over five years of litigation, neither option is going to be cheap or easy.

This case centers on the State of California’s “five faiths” policy. This policy limits the hiring of paid chaplains to Protestant, Catholic, Jewish, Muslim, and Native American adherents. The case itself has yet to be heard, as legal counsel for the CDCR has been (so far successfully) arguing that McCollum doesn’t have the standing to bring the case.  You can read up on my summary of the case, here.

Once I have a statement from McCollum and other parties I will post updates.

Sometimes a story comes along that crystallizes exactly what you’re fighting for. The case of Alexandria Boring, who was convicted in 2006 of murdering her mother, echoes the West Memphis 3, and other cases where prosecutors use character assassination and fear-mongering against misunderstood subcultures and minority religions. Yesterday the Georgia Supreme Court unanimously overturned her conviction, noting that living a “gothic lifestyle” is not an indicator for violent behavior.

State attorneys used as evidence photos of the teen with dyed black hair and dark makeup, a document with the word “curse” that was to be read over a black candle, handwritten quotes on her bedroom walls and inscriptions that a prosecutor claimed were quotations from the founder of the Satanic Church. The evidence was “clearly integral to the state’s strategy of portraying appellant as a deviant capable of murdering her mother, in the absence of any other evidence suggesting she had a violent or angry nature,” said the opinion, written by Chief Justice Carol Hunstein. It found that the teen’s alleged satanic beliefs “bore no specific nexus with the crime.”

Outside of her alleged Satanism and goth proclivities there was no direct evidence tying Boring to her mother’s murder. The district attorney even said at the time that this was a “difficult circumstantial evidence case.” Alexandria has consistently denied shooting her mother, none of her friends or teachers implicated her, and evidence that Debra’s husband was a verbally abusive alcoholic seemingly ignored. It has been very clear from the start that this conviction was based on “othering” her, creating a monster from black clothing and Anton LaVey quotations.

“Evidence presented during the trial included symbols and writings that were attributed to satanic rituals. During his closing arguments, Baird read a curse found at the crime scene that left some observers in the courtroom saying it made the hair on the backs of their necks stand on end.“

Imagine if Alexandria was a teenager you knew. Her books could have been Wiccan books, or Druid books, or from any other minority religion that teaches or encourages the use of magic. So long as it was strange and foreign enough to that jury to win a conviction. This is a phenomenon that stretches far beyond this case, there are dozens of examples of injustice thanks to misunderstandings about Pagan, occult, and minority religions. Custody cases, prisoner free exercise cases, property tax cases, so long as you can use society’s fears and ignorance to your advantage. It is doubly galling to me seeing the Goth subculture once again demonized, as it was in the wake of Columbine, despite any solid evidence that violence is pervasive that subculture.

Boring remains in prison pending a decision on whether prosecutors will seek a retrial. However, their case, such as it was, will be hobbled by the Georgia Supreme Court’s ruling. No one really knows what happened in the murder of Debra Boring, it’s even conceivable that Alexandria might be guilty. But any conviction that relies on Satanic quotes, teenage “curse” spells, and how dark the defendant’s makeup is, deserves to overturned, and the prosecutors held up for criticism. This is why Pagan media matters, this is why Pagan outreach matters, this why the countless Pagan activists, volunteer chaplains, and interfaith participants matter, and this is why I continue to fight.