On Tuesday the Supreme Court of the United States denied certiorari (judicial review) in the case of Forsyth County, North Carolina v. Joyner, which challenged the local government’s opening prayer policy. In this instance, Forsyth County had constructed an ”inclusive” (and thus theoretically constitutionally protected) model where all comers could have a turn, but challengers to the policy noted that the prayers were overwhelmingly Christian, and created a chilling atmosphere towards non-Christian faiths.

On Joyner and Blackmon’s account, the overall atmosphere made them feel distinctly unwelcome and “coerced by [their] government into endorsing a Christian prayer.” Blackmon claimed that she felt compelled to stand and bow her head because of the Chair’s instruction to stand and because of the audience’s response. Joyner offered a similar account, believing that if she had failed to comply, it would have “negatively prejudice[d] consideration of [her] intended petition as a citizen appearing for public comment.” Both characterized the prayer as sectarian, with Blackmon referring to it as including a “one-minute sermon.”

During the period contested in the lawsuit, four-fifths of the prayers referred to “Jesus” in one form or another. The 4th Circuit made very clear that the lack of balance in presented prayers was an important factor in ruling that Forsyth’s policy violated the Establishment Clause.

“…legislative prayer must strive to be nondenominational so long as that is reasonably possible — itshould send a signal of welcome rather than exclusion. Itshould not reject the tenets of other faiths in favor of just one.Infrequent references to specific deities, standing alone, donot suffice to make out a constitutional case. But legislativeprayers that go further — prayers in a particular venue that repeatedly suggest the government has put its weight behinda particular faith — transgress the boundaries of the Establishment Clause. Faith is as deeply important as it is deeply personal, and the government should not appear to suggestthat some faiths have it wrong and others got it right.”

This skirmish over prayer before government meetings is just the latest in a protracted struggle between the ACLU and the more socially conservative-minded Alliance Defense Fund. While the ACLU is generally skeptical of allegedly inclusive sectarian open prayer models, the Alliance Defense Fund believes them to be constitutionally protected, and part of America’s heritage. Responding to this setback, the ADF said that “the standard for prayer policies in the 4th Circuit will be different from the standard held by the rest of the country.”

“No federal court has ruled that prayers cannot be offered before public meetings. The Supreme Court has simply missed an opportunity to clear up the differing opinions among the various circuits about the content of the prayers. This means that, for the time being, the standard for prayer policies in the 4th Circuit will be different from the standard held by the rest of the country. ADF will continue to litigate in favor of the historical standard until the Supreme Court eventually hears a case that will clear up the confusion.”

The Alliance Defense Fund had a lot invested in this case, and other cases like this, as Forsyth was following their blueprint for protected government sectarian prayer. A blueprint partially constructed around two 4th Circuit cases involving public prayers and modern Pagans: Simpson v. Chesterfield County, the case that helped create the so-called “Wiccan-proof” invocation policy, and the Darla Wynne case, in which a Wiccan from South Carolina won a battle against sectarian government prayer. Despite the fact that towns like Greece, New York and Lancaster, California have won lower-court challenges by including a smattering of minority religions in sectarian prayers (aka the “include a Wiccan gambit”), the law isn’t settled on what, if any, formula for sectarian prayer at a government meeting will pass constitutional muster. It can be folly to read too much into a denied certiorari request, but by letting this decision stand, a decision that invokes both Simpson’s and Wynne’s cases, SCOTUS does leave the idea that balance is necessary in a sectarian prayer model on the table.

Cynthia Simpson and Darla Wynne

Eventually, SCOTUS will have to make a stand on these sectarian prayer policies, just as it recently took a stand on the question of “ministerial exception.” A concept that had been invoked several times in the lower courts, but never in our nation’s highest court. When it does, cases that involve Wiccans and other minority faiths will have a major influence on how that decision is made. In the meantime, Americans United, the ACLU, the Alliance Defense Fund, and several other advocacy groups, will try to build up their positions in the lower courts. No doubt several towns and cities who fall under the jurisdiction of the 4th Circuit Court of Appeals are currently talking with their lawyers over their prayer policies, and whether they need to include more Wiccans.

In 2002 Nancy Willard, Executive Director of the Center for Safe and Responsible Internet Use, issued a report that warned of the troubling confluence between content-control software and conservative religious groups.

Willard voiced concerns that the relationships between companies providing web-filtering software to public institutions may be “inappropriately preventing students from accessing certain materials based on religious or other inappropriate bias.” She went on to note that terms like “occult” or “cult” are “frequently applied to any non-traditional religions” and that it would be “unacceptable for schools to block access to non-traditional religious sites.”

Five years earlier, the American Library Association (ALA), the oldest and largest library association, issued a resolution affirming that “the use of filtering software by libraries to block access to constitutionally protected speech violates the Library Bill of Rights.”

However, today, the Children’s Internet Protection Act (CIPA), passed in 2000 and upheld by the Supreme Court in 2003, mandates Internet filtering software on any library or K-12 school that receives federal funding. The mandate covers only obscene material, and content deemed “harmful to minors,” but the seeming intersection of religion and content-control software continues to haunt public institutions as web-filtering has become an everyday part of our virtual society.

On January 3rd, 2012, The American Civil Liberties Union and the ACLU of Eastern Missouri announced the filing of a lawsuit charging the Salem Public Library with unconstitutionally blocking access to websites dealing with minority religions, and “improperly classifying them as ‘occult’ or ‘criminal.’” It’s alleged that Salem Public Library officials refused to change their filtering policies when challenged, and that the library directory Glenda Wofford intimated that “she had an obligation” to alert the authorities to report those who were attempting to access blocked sites.

This new case not only raises the issue of web filtering in our public institutions, but why an “occult” category is even an option for secular and government-funded filtering clients where such control is unneeded or even illegal. The company that provides filtering services to the Salem Public Library, Netsweeper, currently categorizes several prominent Pagan organization sites as “occult,” including Covenant of the Goddess (COG), Circle Sanctuary, and Druid fellowship Ár nDraíocht Féin (ADF), while more mainstream faith sites are listed under “religion” or “general.”

Media critic and scholar Peg Aloi says she is troubled by the inclusion of Pagan sites in “occult” filters, “since this word is not even necessarily associated with Paganism, Wicca or earth-based spirituality.” Dr. Gwendolyn Reece, Ph.D., Director of Research, Teaching and Learning at American University Library notes that “whatever the initial intent of the law may have been, the software used to comply with CIPA censors numerous topics that have no bearing on protecting children and the way the software blocks access to information reflects a particular constellation of values. The real consequence is to undermine part of the necessary infrastructure in a democracy by denying citizens the requisite tools to inform themselves through free inquiry.”

The more one digs, the more it seems that the “occult” category was one created to cater to the “constellation of values” of conservative Christian religious groups in the United States. Phaedra Bonewits, whose site, Neopagan.net, is listed as “occult” by Netsweeper, claims that the initial target market for filtering software “was Christian households, thus all the ‘cultic’ keywords being included with the porn.” I tried to contact Netsweeper by phone and email for background on how a site comes to be labeled as “occult” in their system, but a representative never responded.

What is clear is that leaders and clergy within the modern Pagan movement believe that their sites should be readily available when accessing the Internet, and that blocking “occult” sites oversteps the mandate of CIPA and infringes on the Establishment Clause by favoring one religious expression over another.

In a statement, Rev. Kirk Thomas, Archdruid of the ADF, said that “only by free access to knowledge can everyone participate in the marketplace of ideas, guaranteeing true freedom for everyone,” while Selena Fox, speaking for Circle Sanctuary, said that they are disappointed in Salem Public Library’s “unwillingness to provide free and equal access to websites containing information on religions such as Wicca, Paganism, Native American traditional ways, and other paths that honor Nature.”

Rachael Watcher, one of the National Public Information Officers for Covenant of the Goddess, a 501c3 organization recognized as such by the United States government for 36 years, added that “the distinction between the labels ‘religious’ and ‘occult’ is an arbitrary one,” and that “one person’s religious group is another person’s occult group.”

It seems clear that no public library should be blocking access to minority religions, as Sylvia Linton, a librarian by profession and a Circle Sanctuary Community member said to me via email: “In this country, with our guarantees of freedom of religion and of speech, librarians respect the diversity of their patrons and allow them access to information without regard to the personal beliefs of the library staff.”

In addition, instances of “overblocking” by web filtering software here at home raise troubling inherent questions of how this technology is used by countries that don’t share our commitment to free speech or access to information. “Libraries should be bastions of free thought and information access; but, as the actions by the Salem public library demonstrate, Internet Freedom (and freedom of religion) aren’t just under attack overseas — the same censorship technologies used by oppressive regimes are finding their ways into our own back yards,” stated Sascha Meinrath, Director of New America Foundation’s Open Technology Initiative.

“As a growing compendium of evidence documents, technologies developed by U.S. companies and deployed throughout the country are the same ones being used in places like Syria, Iran, and North Korea — Salem would be wise to distance itself from practices that lump them in with some of the worst human rights violators around the globe.”

The option of an “occult” filter in content-control software should be of great concern to all who value religious liberty. The boundaries of what can be labeled “occult” or “cult” are so porous that it can include everything from information on Yoga to your daily horoscope.

The journalist and author Tom Wolfe once opined that “a cult is a religion with no political power,” an opinion that seems reinforced by the sites blocked by the Salem Public Library. Occult, when used as a term in the realm of Internet filtering, is a religious and cultural value judgment that in no way protects minors from obscene or indecent material within the context of CIPA.

There shouldn’t be an option to block the sites of minority religions for institutions receiving federal funds, and no library committed to free expression should enable such a filter if provided. One can only hope that this case goes beyond merely changing policy at Salem Public Library and instead institutes a precedent that changes the filtering industry, removing biased categories that have little purpose in a free society.

Links to full statements gathered for this story:

• Statement from Rev. Kirk Thomas, Archdruid, ADF
• Statement from Selena Fox and Bob Paxton of Circle Sanctuary
• Statement from COG National Public Information Officers
• Statement from Gwendolyn Reece Ph.D.
• Statement from Peg Aloi
• Statement from Phaedra Bonewits

Yesterday the ACLU announced that it has filed a lawsuit against a library in Salem, Missouri (download the full complaint) for using Internet filtering software that blocks websites pertaining to Wicca and Native American religions. As Ars Technica notes, sites blocked by the library’s software include Wikipedia’s page on Wicca, but not Christian-run pages that are critical of Pagan religions. According to the ACLU filing, Salem’s library director, Glenda Wofford, said “she would only allow access to blocked sites if she felt patrons had a legitimate reason to view the content and further said that she had an obligation to report people who wanted to view these sites to the authorities.“ While there’s no doubt the press are paying attention to this story because of the “Witch” angle, I am extremely glad the “occult” category on Internet filtering software is finally being pushed into the spotlight.

“It’s unbelievable that I should have to justify why I want to access completely harmless websites on the Internet simply because they discuss a minority viewpoint. It’s wrong and demeaning to deny access to this kind of information.” - Anaka Hunter, The Associated Press

The default option of filtering occult and Pagan websites is an issue I’ve followed at this site over the years, its existence tied directly to the fact that Internet filtering software was initially developed by and for the Christian market. As such, the inherent values of that demographic are imprinted into the DNA of the web-filtering industry. These programs are then sold to schools, libraries, and government institutions, which can lead to controversy and litigation once individuals realize the bias inherent in the filter. At this point those original biased filtering lists have long since permeated into the secular filter market. Sadly, many (though certainly not all) libraries, schools, and public institutions take a “block everything until someone complains” policy when it comes to this issue.

I sincerely hope that this case goes to trial, as it’s long past time the “occult” filter, which inevitably includes a raft of non-Christian religious sites, was eliminated from any secular context. If a local Catholic parish wants to block a Wikipedia search for Wicca, fine, but no library or school should be engaging in the default restriction of these sites. Nor should any secular institution be purchasing software that was built on the prejudices and misconceptions of conservative Christian list-makers.

Oh, and in a final note, you’ll be glad to know that The Wild Hunt has (so far) escaped being placed in the “occult” category by Netsweeper, the filtering software used by the Missouri Public Library.

The announcement of a new program in Bay Minette, Alabama has garnered nationwide attention due to the questions it poses regarding the separation of church and state. Bay Minette’s non-violent misdemeanor offenders will now get a choice: jail time or regular attendance at a local church.

“Operation ROC resulted from meetings with church leaders,” Bay Minette Police Chief Mike Rowland said. “It was agreed by all the pastors that at the core of the crime problem was the erosion of family values and morals. We have children raising children and parents not instilling values in young people.” Rowland said the idea was simple: get people who are not yet hardened criminals to become involved in positive programs — hundreds of free resources offered by some 104 churches in the region with 56 agreeing to help monitor first-time, nonviolent offenders. Under the program, pastors would report weekly to the chief and offenders in the program would bring a signed sheet to prove they attended church. They would also have to answer some questions about the services, Rowland said. And the offenders who voluntarily choose church over jail get to pick the churches they attend. If they complete a year’s attendance, Rowland said, their criminal case would be dismissed.

The Alabama branch of the ACLU has demanded the program be suspended, and the Alabama Press-Register gets to the heart of one reason why this program is inherently flawed.

“Some critics say the program definitely crosses the line between church and state, with some minority religious groups shut out of participation because few mosques or synagogues exist in the area. And atheists would have no option, Rowland said, but to pick another alternative sentencing program.”

In short, the choice isn’t “church or jail,” the choice is “Christian church or jail.” Could any Jew, Hindu, Muslim, Buddhist, atheist or Pagan truly submit themselves to Christian pastoral oversight for a full year, with mandatory church attendance and quizzes on the sermons?  If they did, wouldn’t conversion be an implied requirement? Your soul seems a high price to pay to avoid jail-time if you get busted smoking pot (or any other non-violent misdemeanor). Your only hope for getting a non-Christian option may be if you’re from out of town and you get busted, but I’m assuming the judge would have to approve the venue. Would a coven count? If not, then this program isn’t constitutional, and saying its “optional” isn’t really true. When given the option between jail and church, who wouldn’t prefer freedom? Expect a legal showdown very soon.

Let’s start off your weekend with a few quick notes.

Another Fortunetelling Law Overturned: The Maryland Court of Appeals has ruled that fortunetelling and other psychic services are protected speech and cannot be outlawed by local ordinances. The ruling stems from a long legal battle by Montgomery County resident Nick Nefedro, who has been mentioned at this blog before, and his win may be the most devastating blow yet to laws targeting fortunetelling.

“Fortunetelling may be pure entertainment, it may give individuals some insight into the future or it may be hokum,” the Maryland Court of Appeals wrote in a 24-page opinion. “People who purchase fortunetelling services may or may not believe in its value. Fortunetellers may sometimes deceive their customers. We need not, however, pass judgment on the validity or the value of the speech that fortunetelling entails.”

Previous cases that overturned anti-fortunetelling ordinances often did so on religious grounds, but this case didn’t pursue a religious angle, and I thought it would suffer because of it; however, the appeal to freedom of speech seems to have been convincing. As a result, a much broader precedent has been reached, one that may be replicated in similar court battles. It remains to be seen if Montgomery County will now try to appeal to a Federal court. Nefedro was backed by the American Civil Liberties Union of Maryland in this case, here’s an excerpt from their press release concerned the decision.

“This case has never been just about fortunetellers, but about the fundamental right to free speech,” said Ajmel Quereshi, an attorney with the ACLU of Maryland. “While individual fortunetellers can be punished if they fraudulently exploit their customers, banning all fortunetelling is overbroad and unconstitutional. It is not the role of government to decide that broad categories of speech can be banned merely because it finds them distasteful or disagreeable.”

Here’s hoping lawmakers across the country are paying attention to this decision.

When Will Ali Sibat Be Released? Lebanese citizen Ali Sibat, who was nearly executed for the crime of sorcery in Saudi Arabia but given a last-minute reprieve due to protests and political maneuvering, is still rotting in a cell, and his wife wants to know when he’ll be released.

“The wife of a Lebanese TV psychic convicted in Saudi Arabia on charges of witchcraft appealed for her husband’s release on Friday, just months after he escaped beheading in the kingdom. Samira Rahmoon, 46, said Lebanese officials promised her in April that her husband would soon come home, two years after Saudi religious police arrested him during a pilgrimage there … ”We are lost,” said Rahmoon, clutching a cracked frame holding a photograph of her husband, 49-year-old Ali Sibat, during a small protest outside the prime minister’s office in Beirut.”

So far there is no word on when, or if, Sibat will be released from custody. Recently there have been signs that Saudi citizens are getting fed up with power plays by the local religious police, who have been locked in a political struggle with the country’s (relatively) more moderate monarchy. This battle has often seen members of other faiths, even if they are citizens of other countries, drawn into their machinations.

Curses on Trafficking: Benin (not to be confused with the modern day country of the Republic of Benin, formerly known as Dahomey), monarch Omo N’Oba Erediauwa has called on Vodun and other indigenous religious practitioners in Nigeria to place curses on those who would participate in human trafficking and kidnapping.

“The fight against kidnapping and related crimes took a fresh turn in Benin City, the Edo state capital on Thursday, as voodoo priests, herbalists and traditional worshippers came out in large numbers to invoke the wrath of the gods and place curses on persons behind the acts. The Benin monarch Omo N’Oba Erediauwa at a meeting with the traditional stakeholders last week, directed them to set aside this Thursday (yesterday) for the men in the kingdom to place curses on kidnappers, while the women would take their turn to perform the similar exercise tomorrow, Saturday.”

Human trafficking in Nigeria is a rampant problem, with even important officials taking part in the practice. This move by Omo N’Oba Erediauwa is canny since many accounts of have surfaced of Nigerian women and children being threatened into silence and slavery by Vodun curses and vows. If news of this public show of opposition by indigenous religious leaders spreads, it may counter-act some of the power these modern-day slavers hold over their victims.

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

My semi-regular round-up of articles, essays, and opinions of note for discerning Pagans and Heathens.

Our top story concerns a messy divorce, accusations of abuse and child-porn, and the practice of “Wiccanism”. Scott Starnes is being accused by his wife Christine of “using her and the children without their knowledge or consent.” In addition, there seems to be allegations that this is all tied into the practice of Witchcraft somehow.

“Investigators said that Christine Starnes also reported that her husband was studying witchcraft. A Williamston police sergeant confirmed through investigating e-mails and Web sites that Scott Starnes had enrolled in school of witchcraft and had been looking up information on how to cast spells, do evil and “banish a troublesome person.” But there are no charges in connection to any of the witchcraft-related activities, and no immediate indication that any of Starnes’ witchcraft-related interests were in any way illegal.”

After a month-long investigation, child-porn images were found on his computer, though reports of abusive behavior were inconclusive. The police are currently examining the computer for further evidence. According to John Newkirk, Scott Starnes’ lawyer, he is innocent of all charges and this is merely fall-out from messy divorce proceedings. Then again, lawyers are paid very well to say things like that. I would have no trouble writing off Mr. Starnes completely as sick individual if it weren’t for the eagerness of Mrs. Starnes and the police (you can see the list of witchcraft-related items confiscated during the investigation) in dragging the Witchcraft element into this. I’ll be paying close attention to the trial, and the forensic investigation results of the computer, with great interest.

Wiccan comic-book artist Holly G participated in a recent panel at Chicago’s Comic-Con concerning religious themes in comic books. She was joined by two Christians and one agnostic who were also involved in the comics industry. It seems that everyone got along just fine despite the theological differences.

“Remarkably, there were no fights or bitter accusations flung across the table, but rather a unified sense of pride and communion as storytellers focus on spirituality in their work, whether it’s of a religious or metaphysical nature … The panelists were then challenged about their methods of handling faith in their own stories. While the witch talked of unwittingly (and unwillingly) gaining obedient converts through her pagan comics, the pro-life Christian Tennapel talked about the great fulfillment of winning over non-believers. He went on to talk about his most filthy comic, “Black Cherry”, a rated-R mafia, demon story that he billed as his “most religious” book and the most successful among non-believers. The non-Christian audience was drawn to it, he suggested, because of its richly dark, demonic story, but in the process of believing in the tale, were forced to believe in the Christian hierarchy of metaphysical beings. In a sense, this is Tennapel’s way of evangelizing.”

So Tarot: Witch of the Black Rose is gaining us converts? I’m not sure how I feel about that. To see why, you might want to check out some of my previous coverage concerning the intersections between well-known modern Pagans and this not-safe-for-work cheesecake comic.

As plastic “shamans” and various New Age seekers continue to abuse the trust of Native American spiritual leaders, more tribes decide that the best recourse is to shut out all outsiders. That is the case with the Hopi, who have decided to close their annual Hopi Snake Dance to outsiders due to illegal photography and a lack of respect.

“The traditional Hopi Snake Dance, part of an elaborate dayslong ceremony in which tribal members pray for rain, is closed to non-American Indians this year. Mishongnovi village administrator Robert Mahkewa Jr. says illegal photography and a lack of respect for the traditions and ceremonial practices led to the decision to bar non-Indians from this weekend’s event.”

In addition, an editorial from The Native Sun News urges all tribes to restrict access to their ceremonies, saying that the era of outsiders cashing in on their religious practices must come to an end. It truly is a shame that a small population of self-absorbed seekers and con-artists are so damaging relations between Natives and non-Native peoples.

The Washington Post looks at the efforts of Nick Nefedro and the ACLU to overturn a law barring fortune-telling in Montgomery County, Maryland. But unlike previous successful efforts to overturn such bans, Nefedro (a self-described gypsy) isn’t claiming a religious reason that the law should be overturned, a fact that is making local authorities confident they’ll withstand a lawsuit.

“I don’t think it’s strange for us to have laws that protect against fraud,” said Clifford Royalty, zoning division chief in the Montgomery County attorney’s office, adding that “religion has nothing to do with it. He’s not made that allegation in the lawsuit.” “The practice is fraudulent,” Royalty said, “because no one can forecast the future.”

While I wish Mr. Nefedro every success in getting this antiquated law stricken from the books, I think the ACLU should have explored getting a local Pagan involved so that they could bring the religious aspect of these laws into the proceedings. For all of my past coverage of anti-psychic/fortune-telling laws click, here.

In regards to my ongoing look at Pagan periodicals, you might be interested to read this report from the Philadelphia Inquirer on how several smaller religiously-oriented newspapers and newsletters are also falling on hard times.

“They land politely – in mailboxes, not driveways – and deliver their good news gently. “Relics blessed in advance of tour.” “Young Israelis at Medford Camps.” “Our Lady of Pompeii Church Celebrates 100 Years.” “Local Concert Raises $2,600 for Mitzvah Food Project.” But with advertising revenues in decline, these are challenging times for some local religious newspapers – and perhaps the end times for one.”

When pundits and anylists talk about the hard times falling on newspapers and magazines, smaller niche-oriented publications like these are often overlooked. But we shouldn’t underestimate the importance of these journalistic undergrounds for gestating and investigating the stories that eventually become “big news”.

In a final note, the snarky political blog Wonkette rightly mocks the absurd and un-sourced rumours among right-wing blogs that Michelle Obama’s mother participates in Santeria rituals.

“Apparently Marian Robinson, Michelle Obama’s mother, performs Satanic “Afro-Hispanic” witchcraft rituals, in the White House. Barack Obama is piping mad, because how would this affect his IMAGE? Poorly! This story and all of its quotes are true. Jane Mayer of the New Yorker is one helluva reporter and would never make up something this incendiary. Oh… what is that, Intern Riley?… It’s from Townhall, not Jane Mayer of the New Yorker?… THEN IT’S EVEN TRUER.”

I guess when all else fails, when being called a Nazi doesn’t hold water, you can always accuse the women of practicing witchcraft. Somehow I don’t think this is what right-wing thinkers mean when they talk of holding onto “traditional values”.

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

The Washington Post reports on a Quaker who, with the help of the ACLU, is suing the U.S. Government for not providing a way to note conscientious objector status when fulfilling the requirement to register with the Selective Service System.

“The United States, which has an all-volunteer military, has not had a draft since 1973. But the Selective Service System collects information from men ages 18 to 25 in case Congress reinstates conscription into the armed forces. [Tobin] Jacobrown, of Indianola, Wash., said he has not filled out his Selective Service forms, as required by law, because they do not have a space for him to indicate his status as a conscientious objector. As a Quaker, he said, he cannot sign the forms without such a provision. Although Quakers do not have a specific creed, pacifism is a long-standing belief.”

The ACLU points out that adding a line to state a desired CO status would be “easy as pie”, and that Selective Service forms up till 1980 provided a way to record conscientious objector claims. It is currently against the law for any male to refuse to participate in the Selective Service process (and those who do are denied government benefits). It should be interesting to see how this plays out, suing the government into doing anything, no matter how easy it may be for them to accomplish, is a slow and difficult process. As for Tobin Jacobrown, he is already well-positioned to avoid military service in the event of a draft. The Quakers (aka the Religious Society of Friends), with their Peace Testimony and long history of active resistance to military service, are usually given CO status when brought before their local Selective Service board. The contentious issue here, and why I think the government will fight making this “easy” change, is how adding this line might assist members of other religious groups who embrace some form of pacifism, like certain Catholics or various Pagan individuals.

Currently, if you want to get CO status for ethical or religious reasons (CO status isn’t granted for political reasons) you have to appear at a Selective Service board hearing, and you are expected to prove a long-standing commitment to non-participation or resistance to war in all forms. Many religious groups, in anticipation of a new draft, have instructions and forms to prepare in the event that a draft is called and you must prove your CO status. Gathering the proper documentation can be difficult, and division over the issue within religious communities have been used against aspiring objectors. Recent court cases have moved things further into the direction of individual (rather than institutional) matters of conscience that don’t require proof of “rigorous study”, but that doesn’t mean the process is a cake-walk. Allowing teens to indicate a CO claim on the Selective Service form would establish a definable paper-trail of anti-militaristic intent, and could bolster CO cases if a new draft should ever be called. At this time, would-be COs who write objector statements on their Selective Service forms create no paper-trail as the forms are destroyed after the information is recorded.

“Other Quakers, he said, write that they are conscientious objectors on the forms, even though the information is not collected by the government and the documents are discarded. The objectors keep copies of the forms to prove that they raised the issue when they registered.”

For modern Paganism, which encompasses many different religions and traditions, and many different attitudes towards military service, being able to make the government record your individual beliefs regarding service is important. Otherwise a pacifist Pagan could be confronted with the fact that many Pagans serve in the military and that our communities have been very active in having Pagan soldiers acknowledged and honored. As we move away from top-down hierarchical religious institutions, getting to acknowledge that a single religion (or interconnected group of religions) can encompass both pacifists and warriors (and various shades in-between) is an important step, a step that may be taken by Mr. Jacobrown and the ACLU.