Patrick McCollum on the cover of Witches & Pagans.

“I have decided not to go to the Supreme Court. My primary reason for deciding not to go to the Supreme Court is that there would only be two issues the court would allow us to bring forward out of the whole case. The one issue is not if we [Pagans?] have rights, but do inmates generally have religious rights. So if I went and I lost I would take away the religious rights of every inmate in every correctional institutuion [...] but if I won all I would get is that we had rights, but I would not win our case.”

Instead of going forward in challenging the 9th Circuit Court decision, McCollum has been nurturing new cases brought by Pagan inmates that would also challenge the California chaplaincy policy. According to McCollum, one of those cases is now before the 9th Circuit, with more waiting in the wings if necessary.

“I’m currently in a place where if an inmate brought a case, my case could go forward [...] I saw this coming down the pike, and so I have helped inmates bring forward cases that meet the criteria to make it so my case is viable and valid [...] I’ve managed to keep those cases under the radar and the first of those cases his the 9th Circuit Court of Appeals last week. [...] If the court rules that those inmates who are on that case do have a right to a chaplain then I can walk right back into the court and forget the ruling made by the 9th Circuit or anybody else.”

McCollum also noted that Jones Day, the law firm that has been representing his case, has agreed to not only continue working his case pro bono, but has also committed itself to represent all these other cases that could result in clearing the way for Pagan chaplains (and by extension, other minority faith chaplains). You can listen to the entire PagansTonight interview, here.

I’d like to thank the PagansTonight crew for bringing this vital update to the Pagan community, and Patrick McCollum for his tireless service on this important issue. This seems like a very hopeful move forward from the disappointing 9th Circuit decision. For more background on this case, here are some highlights from my coverage.

• Official Statement from Patrick McCollum on Ninth Circuit Ruling
• Patrick McCollum on Why His Fight Matters
• 9th Circuit upholds lower court ruling in McCollum v California
• Patrick McCollum’s Case Hits the Mainstream

In addition, the latest issue of Witches & Pagans (pictured above), available in print or as a digital download, has a nice summary of the case, and an interview with Patrick McCollum regarding it, and his work.

Patrick McCollum with demonstrators.

On July 12th, over 100 people converged on the steps of Vallejo City Hall to bring a strong and clear message to City Council, which was holding closed session meeting regarding the future of the sacred burial ground known as Sogorea Te (Glen Cove). Demonstrators arrived an hour before the scheduled meeting, gathering together around the drum to sing before entering the council chambers. [...] Demonstrators patiently sat through almost four hours of City Council discourse on matters such as a proposed tax related to marijuana sales, awaiting the opportunity to further speak about Sogorea Te during the final Community Forum. By the end of the meeting at around 11:30pm, eighteen speakers had shared their deeply held convictions about the need to protect and respect the sacred grounds of Sogorea Te. Late-night speakers included Corrina Gould (Ohlone), Li Pono, Galeson Eaglestar (Oglala Lakota), Michelle Steinberg, Reverend Patrick McCollum, Dr. Barbara McGraw, Antonio Gonzalez (Seri), Sam Kirsham, Perry Matlock, LeRoy Cisneros, Zak Alvarez, Morning Star Gali (Pit River) and Mark Anquoe (Kiowa).

The Protect Glen Cove site has transcripts and video from many of those who spoke at the Vallejo City Council meeting, though not from McCollum. However, you can watch the entire proceedings of the meeting, here (Microsoft Silverlight plugin required). Patrick begins speaking at 4:30:00. During the talk, McCollum was emphatic that Circle Sanctuary, and his supporters, stood with Native American activists on this issue.

McCollum addressing the City Council.

You can find out more about the Glen Cove struggle, here. As for McCollum, he’s already on his way to Amman, Jordan to participate in a global conference on conflict resolution and cross-cultural dialog.

“On July 19, 2011 Patrick McCollum will travel to Amman, Jordan to speak at the first International Conference on Transforming Conflict. The conference, which is endorsed and sponsored by King Abdullah II, the Jordanian Government, and over 100 universities and organizations internationally, will focus on equipping the current and next generation to build capacity for proactive citizen leadership, constructive relationships, and a culture of peace. Drawing on the Patrick McCollum Foundation mission, Patrick will address youth and adults from the Middle East on ways to transform seemingly irreconcilable clashes of cultures and ideologies into alliances to create a better and more sustainable world. Patrick’s address will emphasize that we (the world citizens) must each learn to see and respect the inherent sacredness within one another and the unique sacredness of our diversity in culture, spirituality, and religion in order to achieve peace.”

McCollum has been doing a great deal of international travel lately, a humanitarian mission in Nepal, a goodwill/interfaith gathering in Thailand, and a spiritual forum in Kazakhstan; becoming an increasingly global figure within modern Paganism. We wish McCollum well as he continues his mission to advocate for Pagan faiths, works for the rights of indigenous and minority faiths, and pursues peace.

ADDENDUM: The Committee to Protect Glen Cove has announced a victory in the struggle to protect the sacred grounds of Glen Cove.

“Yesterday, the Yocha Dehe and Cortina tribes established a cultural easement and settlement agreement with the City of Vallejo and the Greater Vallejo Recreation District (GVRD). The agreement sets a legal precedent for granting Native peoples jurisdiction over their sacred sites and ancestral lands. The cultural easement forever guarantees that the Yocha Dehe and Cortina tribes will have legal oversight in all activities taking place on the sacred burial grounds of Sogorea Te/Glen Cove. It also represents a significant step forward in enacting tribal sovereignty, as the first such easement under CA Senate Bill 18 to be negotiated at the city and recreational district levels.”

Congratulations to the defenders of Glen Cove!

Plaintiffs have failed to establish that the Policy has been used for an improper purpose or is otherwise unconstitutional. Volunteers of numerous faiths are invited to and have given invocations before City Council meetings, and the selection process does not discriminate against any faith.

You can read the full ruling, here. So, when the ruling talks about “volunteers of numerous faiths,” what do they mean?

“Since the City Council adopted the Invocation Policy: twenty invocations were given by people from Christian denominations, and each included a reference to Jesus or Jesus Christ; four invocations were by a person who identifies as a metaphysicist; one invocation was given by a member of the California Sikh Council; and one invocation was given by a person from an Islamic congregation. On four occasions no invocation was given because the scheduled speaker cancelled or was absent. No meetings were held on November23, 2010 or December 28, 2010. When counted only from the date of the challenged invocation, April 27, 2010, nine additional invocations included references to Jesus or Jesus Christ and five invocations have not included such references.”

Lancaster mayor Mayor R. Rex Parris, who had previously stirred controversy by proclaiming that “we’re growing a Christian community, and don’t let anybody shy away from that,” is now saying that “there never was any exclusion, and we never intended there to be any.” But is “a metaphysicist, a Sikh and a Muslim” enough to inoculate Lancaster’s prayer policy against the already-promised 9th Circuit Court appeal? I think the arguments given in an opinion piece published by the Los Angeles Times editorial board last year are still relevant.

“People of varying religious beliefs should be able to attend council meetings, or any other legislative sessions, without feeling marginalized … given the dominance of Christian congregations in almost all corners of the country, a rotating guest list is going to result more often than not in Christian prayer …Though a nondenominational prayer might satisfy the vast majority of Americans, aren’t atheists, agnostics, members of polytheistic religions and, for example, Buddhists — whose faith does not include a belief in a supernatural-related God — entitled to feel equally comfortable at these sessions? … there is no getting around the fact that what the courts call nonsectarian prayer is actually polysectarian monotheistic prayer. To someone who isn’t from one of those faiths — primarily Christianity, Judaism and Islam — this sure looks like establishment of a particular religious belief.”

While the inclusion of a Sikh and a Muslim is admirable, especially after one Lancaster City Councilwoman courted controversy in 2010 by saying that beheadings were “what the Muslim religion is all about,” Lancaster hasn’t veered far from “polysectarian monotheistic prayer.” Sikhism and Islam are, since I last checked, monotheistic religions, so that leaves the lone metaphysicist. If that anonymous metaphysicist came from the local Center for Spiritual Living, the individual in question was probably a monotheist too. So while there may be “numerous faiths” giving sectarian prayers, it remains to be seen if several flavors of monotheist truly is diverse enough. We know that the “include a Wiccan” gambit can work, but what about including a Sikh, a Muslim, and a Metaphysicist among a sea of prayers to Jesus?

“So, where are we now? We’ve got structures for the legal and financial stuff, although there’s always endlessly more of those to put in place. We’ve got artwork, character drawings, wonderful support from major artists who will allow us to use their work and images. We have that screenplay—finally down to the size it needs to be! We have a letter of interest from Olympia Dukakis, who is my dream choice to play Maya, the old woman/storyteller. Within the next couple of weeks, we’ll have our website up and already our Facebook Page is up. Please check it out and Like it if you can!”

You can find the Facebook page for the film, here. A Kickstarter campaign for financing and an official website are going to be unveiled soon. At her blog, Starhawk talks about how she feels like the time is now for a film adaptation of her work.

“I so strongly believe that the world needs a positive vision of the future right now. I can’t think of any movie that projects a positive vision of a future here on earth. How can we create it if we can’t envision it? A friend confessed to me the other day that she and everyone she knows thinks it’s already too late, that we’re past the point of no return. I don’t believe that. I believe that the earth is resilient and creative—and we are agents of that creative force called to reinvent our way of life right now. If we can give people some hope, some direction and some inspiration, it seems worth all the risks and the work!”

Films made by and for modern Pagans is a newly emerging phenomenon. Recently, film projects like “Our Pagan Heart,” “Dark of Moon,” “Tarology,” “The Spirit of Albion,” and the recently completed “To Dream of Falling Upwards” have woven explicit Pagan and occult themes into visual storytelling. Considering the popularity of Starhawk’s novel, this may be the biggest project of its kind to ever be undertaken. We’ll keep you posted as things develop on this project.

“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 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.

The joint session with the Religion and Ecology Group, “Elemental Theology and Feminist Earth Practices,” will feature a panel discussion with groundbreaking feminist theologian Rosemary R. Ruether and Reclaiming co-founder Starhawk. In addition, other sessions will see paper presentations from Helen Berger, Christopher W. Chase, and Christine Kraemer (a department chair at Cherry Hill Seminary) among others. All that is in addition to the thousands of other presentations on just about every facet of religious experience you can think of. I will be there this November to cover the event, and hope to bring you special reporting, interviews, and access to a gathering few outside the world of religion studies experience.

In Other News:

• Berkeley-based Sunrise Bookshop is going out of business, part of larger trend in the area of metaphysical shops closing down. The recent downturn in the economy is blamed as the “final blow” that made the business unsustainable.
• Al Jigen Billings and Catherine Kehl have launched a new project entitled Pagan Dharma, “a site that looks at the Dharma, the teachings and way of being derived from the Buddha, from the point of view of being a pagan, in whatever loose sense we want to define that.” Looks like it might become a great resource for the many Pagans out there interested in Buddhism, or utilizing Buddhist practices.
• The battle over regulating Yoga in Texas heats up.
• Is the New Apostolic Reformation starting to make more traditional Christian conservatives nervous?
• Is Paganism an expostmodern religious movement?

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