Church or Jail: Would a Local Coven Count?

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.

Quick Notes: Fortunetelling Laws, Ali Sibat, and Vodun Activism

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!

(Pagan) News of Note

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!

Who Gets to Be A Conscientious Objector?

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.