• The case of Forsyth County, North Carolina v. Joyner, which ultimately ruled that opening invocations and prayers before government bodies cannot be overwhelmingly sectarian in nature, is now being used to challenge the sectarian prayers in North Carolina’s State Legislature. The ACLU is threatening litigation if North Carolina doesn’t change its policy. As I’ve pointed out here before, this case rests heavily on precedents involving Pagans who’ve challenged government invocation policies.
• DNAinfo reports that the Wiccan Family Temple in New York is holding a fundraiser entitled WitchsFest USA, with proceeds going towards a permanent temple space in Manhattan. The best part? They’ve got a band called Witches in Bikinis playing for them, a high-concept beach-party-horror-film rock n’ roll group. Here’s a promo video of them in action. How did I not hear about them before? In any case, the fundraiser is on July 8th, and you should definitely check it out.
• February isn’t just for Groundhog’s Day, in Brazil adherants of Candomblé celebrate Iemanja Day, which honors the Queen of the Ocean, perhaps better known as Yemaja to many Pagans.
• In the “living traditions update their imagery” files is the story of how Chinese families are now offering up replica paper iPads to their ancestors for an annual festival. Quote: “Apple’s iPad 2 shortage has spread to the afterlife as Chinese families in Malaysia rush to buy paper replicas of the popular new gadget to burn for their dead as part of a centuries-old rite. During the Qingming festival, also known as the tomb sweeping festival, Chinese communities in Asia honour their ancestors by burning fake money or replicas of luxury items such as flashy cars and designer bags.” Fun fact: spirit iPads have an “888 gigabyte capacity.”
• Religion Clause reports that the Sister Wives‘ challenge to Utah’s anti-bigamy statute will go forward. Back in July of 2011, I wrote an article on challenges to polygamy laws and how that might affect polyamorous Pagans.  A recent high-profile challenge to Canadian polygamy law failed to overturn the ordinance, though it did seem to carve out exceptions and a road-map for future litigation. No doubt Pagans in multiple-partner relationships will be watching this challenge closely to see how its ramifications might affect their lives.
• Also from Religion Clause,  O Centro Beneficente Uniao Do Vegetal, who won a landmark Supreme Court case regarding the importation and use of entheogens for religious purposes, is filing a land use lawsuit against Santa Fe County, New Mexico for denying them a permit to build a new temple to replace their old one (which they have outgrown). UDV was also recently involved in the major ministerial exception case decided early this year.
• President Michel Martelly has named Sean Penn as Haiti’s ambassador at large.
• Is being an atheist in the United States worse than being a Pagan? Julian Baggini at Slate.com explores why the U.S. won’t accept its atheists, though many of the experiences conveyed here sound awfully familiar. Quote: “I used to be a good running friend with somebody who doesn’t live far from here. I mentioned on one occasion that I was an atheist and I’ve never seen him again … I came here knowing this was the Bible Belt, but I didn’t realise it was a more like a totalitarian Christian society: you’re either one of them or you’re not and there’s no in between. So I’ve learnt this lesson, to keep it to myself as much as possible.”
• A short video documentary about Oberon Zell-Ravenheart.
• New research is out about how entheogenic mushrooms affect our brain.

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.

A view of the Buncombe school board meeting.

“For awhile there seemed to be a balance of people who supported and opposed the policy. But then some preachers got up and made direct personal attacks to Ginger. They claimed she was the only one with a problem with the bible distribution. Little do they understand how many pagans in the county that fear coming out and speaking up. And after that meeting, I completely understand!  Then it got even worse when a preacher spoke up that only bibles should be allowed in schools. And that is when the preaching began. People after people felt the need to quote scripture. One guy even read from the bible and stated that if we were real pagans that our ears would burn after listening to the scripture.

All through this we quietly sat and allowed people to speak their minds. While I fully support freedom of speech, this was quite difficult. It was off topic. It was all about the “us vs them” mentality. I wanted to speak because it had been so long since anyone from the pagan community spoke. But I was scared. Yep, you read that right. The hostility was so thick that I wasn’t sure that I could handle standing before those people and be subject to a possible attack. When Ginger spoke about her feelings of being bullied and that she was the only one brave enough to stand up to the masses, the crowd rebuked her. The same crowd we respectfully allowed to speak their minds now could not handle her speaking her own. I will speak at the next meeting. I have things to say and I need to stand by my desire for a strong interfaith world by standing up and speaking.”

Ginger pointed out that she has felt bullied. Crowd told her she didn't have to be here.

February 2, 2012 6:09 pm via txtReplyRetweetFavorite

@APippinger

Angela Pippinger

Regarding the proposed policy, it states that school officials  “while acting in their official capacities shall not use their positions to endorse, promote, or disparage a particular religious belief, viewpoint or practice.” It also requires ongoing training to staff, and to have principals consult the superintendent over any instance that might violate the Constitution. Local activist and Pagan leader Byron Ballard called the proposed policy “fair,” but also commented on the atmosphere of the meeting, saying it “was like an audition for preachers,” and that many in attendance seemed “desperate and fearful.”

As for Ginger Strivelli, she bravely faced the crowd, telling them that “I am the only one who is courageous enough to stand up to your bullying,” and that “this is not a church [...] this is a public school board meeting.” What she is doing is not easy, but her work, along with the work of Byron Ballard, is slowly changing the culture in Buncombe County. Next month the school board will likely vote on the new rule, Byron Ballard suggests sending them an email of support.

@martillini You could send them an email of support. Put "I support Policy 652" in the subject line. http://t.co/B5xhhxOt

February 3, 2012 7:36 am via webReplyRetweetFavorite

@ByronBallard

Byron Ballard

I am expecting an official response from Ginger and Byron’s media liaison on last night’s events, and I will post that here as an update once I receive it. You can be sure I will be keeping an eye on this situation, and will report on any progress or developments.

UPDATE: The Lady Liberty League’s Education Task Force has issued a press release with statements from Selena Fox, Byron Ballard, Ginger Strivelli, Lady Miraselena, and Lady Arsinoe Meri Ma’at. Here’s Selena Fox’s statement on behalf of the Lady Liberty League:

“Having liberty and justice for all in this country may be in the Pledge of Allegiance, but it is not an automatic reality. The large volume and intensity of sectarian religious rhetoric in the February 2nd meeting proves the necessity to have a religiously neutral public school policy, It also demonstrates that, all of us, need to be vigilant and willing to work together to make this happen wherever discrimination occurs. And, we have been very pleased to see that Pagans and those of other beliefs have been collaborating, networking, and speaking out in favor of the separation of church and state in this Buncombe County public school situation. We ask that you continue to send support to Ginger, Byron, and others who are on the front lines of this quest. We will post any updates on the Strivelli Family Support and Lady Liberty League Facebook pages.“

In her statement, Ginger Strivelli simply adds: “Thanks to everyone who has been giving us support.”

Ginger Strivelli

“We were there to deliver the materials that she was assured would be “made available” in the same way the Gideon material was, right before the winter break. No surprise to find that, in consultation with the system’s superintendent Dr. Baldwin, the principal Jackie Byerly and asst principal Danny Fusco couldn’t do that at all because the central office was reviewing its policy regarding religious materials in schools. They suggested that they would “hold onto” the books, in case the school system needed to review them for appropriate content, once the policy was vetted.”

The school is now officially “reviewing” their policy on distributing religious materials. Since then, Strivelli’s story has been covered by a number of mainstream media outlets, including Fox News, CBC News, the Houston Chronicle, and several others. Due to the intense level of coverage for this issue, perhaps I shouldn’t be surprised that Ginger Strivelli recently received an anonymous death threat.

“Buncombe County investigators are looking into a threatening phone call made to a local woman who made headlines when she criticized a county school for making Bibles available to students. [...] Strivelli believes that the threat is related to her speaking out. “It’s definitely related. He (the caller) said he saw me on the news,” she said. “I’m hoping it’s just some idiot trying to scare me into shutting up.” The man called Thursday night, claiming he was calling from Moscow, according to Strivelli. He told Strivelli that he had 20 or 30 people working in this area, and “I was done for. I was dead,” Strivelli said Friday.”

The Lady Liberty League, along with a coalition of local and national Pagan organizations, are coordinating to support Strivelli during this time of trial, and have started a Facebook page for those looking to give aid and support. Here are the Lady Liberty League’s recommendations for those seeking to help.

• Do prayers, meditations, rituals of Protection, Healing, & Well-being to Ginger Strivelli & her family.
• Learn more & Post words of support for Ginger & her family on their support page on Facebook.
• Speak out in support of separation of church & state in comments sections of media sites carrying news and editorials about this issue.
• Those with interfaith and/or law enforcement contacts in North Carolina interested in working with Lady Liberty League in providing support to the family and this situation should contact: liberty@circlesanctuary.org as soon as possible.
• Share this email & support page link with others – by email, through social networking sites, on blogs & websites.

Prominent Pagan mom-blogger Mrs. B, from Confessions of a Pagan Soccer Mom,  who dealt with Christian death threats over a blog ranking contest, says that “there is nothing more frightening than thinking that some nutball is threatening your family.” These threats are part and parcel of any who have the temerity to challenge Christian norms or traditions that intersect with government-funded institutions, and represent a time when their cultural dominance when unquestioned. This is the reactionary shadow side of a religion who feels its dominance fading, the anxiety over changes they can’t control. The hope is always that these threats will amount to nothing, that they are ravings of powerless individuals wanting to inspire fear, but we must practice vigilance and solidarity in the off chance that this is no idle threat.

Our prayers and best wishes go out to the Strivelli family, may they remain safe and free of fear. The Wild Hunt will be keeping an eye open for future developments. In the meantime, you can get the latest from their support page on Facebook, and from Byron Ballard’s blog at The Citizen-Times.

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.

“Jackie Byerly, principal at North Windy Ridge, defended the availability of the Bibles. She said they were not handed out, and students had the option to take them. She checked with Superintendent Tony Baldwin and was given permission to make them available. She said the Bibles arrived Monday morning from a local group of Gideons International, and the box containing the books was opened in the main office. Byerly said the students picked them up during their break time. “If another group wishes to do the same, I plan on handling that the same way as I have handled this,” she said.”

So, how did North Windy Ridge school do when presented with boxes of Pagan literature free for the taking? According to Ballard, their tune had suddenly changed when it came to non-Biblical text distribution.

Ginger Strivelli with her rejected Pagan books.

“We were there to deliver the materials that she was assured would be “made available” in the same way the Gideon material was, right before the winter break. No surprise to find that, in consultation with the system’s superintendent Dr. Baldwin, the principal Jackie Byerly and asst principal Danny Fusco couldn’t do that at all because the central office was reviewing its policy regarding religious materials in schools. They suggested that they would “hold onto” the books, in case the school system needed to review them for appropriate content, once the policy was vetted.”

Local news outlets are now reporting on the sudden change of heart, with the Asheville Citizen Times getting Jan Blunt, spokeswoman for Buncombe County Schools, to entertain the idea that perhaps their method of distributing Bibles in a public school wasn’t altogether legal after all.

“This whole thing has raised an issue of were we in compliance with any laws or were we not,” Blunt said. “There’s a lot of gray area. Perhaps we were in the wrong, and that’s why we’re going to review.”

Blunt also noted that a group in New York offered to send them 500 Qurans, and that feedback on their policy has been “mixed.” As for Ginger Strivelli and Byron Ballard, they are vowing to continue fighting and see this through till the end.

“The Earth religions community is frankly tired of dealing with this every few years. As long as any child in a public school system is bullied, coerced or ostracized for the spiritual path of their family and themselves, the situation is not fixed and the school environment is not safe. There will be more media, more “good Christian” people threatening violence, more bullying and “othering” before this is settled. But settled it will be. Of this you can be certain.”

Again and again it seem like certain Christian activists love the idea of inserting religion into the public sphere until it’s made plain that other, competing, ideas will be allowed as well. Then, the value of secularism suddenly reveals itself, at least until the law, or the demographics, change enough to allow them complete religious hegemony.  Pagans (and other minority religions) it seems, are either being invoked to test the resolve of supposedly “open” programs of religious activities that receive governmental funding, or used to prove how open a program is to avoid litigation. As non-Christian practices and beliefs become more and more common, I think we’ll start to see some realignment on the question of religion in public school or local government, until then, local Pagans continue to fight for true equal treatment and inclusion.

"Oh look, a Bible, you shouldn't have."

“Jackie Byerly, principal at North Windy Ridge, defended the availability of the Bibles. She said they were not handed out, and students had the option to take them. She checked with Superintendent Tony Baldwin and was given permission to make them available. She said the Bibles arrived Monday morning from a local group of Gideons International, and the box containing the books was opened in the main office. Byerly said the students picked them up during their break time. “If another group wishes to do the same, I plan on handling that the same way as I have handled this,” she said.”

But Strivelli’s son said that the “break time” was constructed especially for picking up a Bible, that all the students went, and that copies were distributed to the children by a teacher. Strivelli called the incident “totally inappropriate” while local Pagan leader (and blogger) Byron Ballard called the distribution “problematic,” and “potentially illegal.”

“Byron Ballard, an active Pagan in Asheville and freedom of religion advocate, said the situation is “terribly inappropriate.” She said she plans to contact the school system’s legal department and the local American Civil Liberties Union.”

Now, Strivelli plans to see if Jackie Byerly is true to her word and will handle the distribution of other religious material in the same fashion, of if the Christian Bible will be privileged in a public school.

“I have 2 lovely Pagan Authors already promising me copies of their books…and I need to contact the Editor who used my Chapter in her book, surely she can chip in some for my work on that book for her….and dropping all those and more off Jan 3rd I hope..but asap for sure…WE WILL SEE how equally they ‘make them available’.”

Longtime readers of this blog may remember that a similar test was given to another school district in North Carolina, and they didn’t exactly pass with flying colors.

The Brunswick County Board of Education in North Carolina.

“Way back in 2006, the Brunswick County Board of Education in North Carolina was on track to approve a controversial and vaguely-worded policy that would allow for the distribution of religious materials on school grounds. Legal threats didn’t seem to faze them until Llewellyn Worldwide offered to distribute free books on Wicca and Paganism to school children. Faster than you could say “Galloping Gideons”, the Brunswick board backed down from their plan, and someone fortuitously caught that delicious moment in a photo.”

Is Buncombe County ready for its “Pagan moment,” or will they blink the face of true equal treatment?

The 4th U.S. Circuit Court of Appeals today ruled 2-1 that the Forsyth County Board of Commissioners’ preference for Christian prayers violates the constitutional separation of church and state. [...] The record in the case indicates that 26 of the 33 invocations given from May 29, 2007, until Dec. 15, 2008, contained at least one reference to Jesus, Jesus Christ, Christ, Savior or the Trinity. The appellate court majority said government favoritism in religion is wrong. “Faith is as deeply important as it is deeply personal,” wrote Judge J. Harvey Wilkinson, “and the government should not appear to suggest that some faiths have it wrong and others got it right.”

If this ruling should withstand a Supreme Court challenge, it could change the tactics of groups like the Alliance Defense Fund, a main proponent of the inclusive sectarian model. They know that these sorts of policies favor the religious majority, typically Christianity, and that religious minorities will be drowned out in a sea of invocations to Jesus. A point brought up in the 4th Circuit’s ruling.

…the Board clarified that the prayers were “not intended, and shall not be implemented or construed in any way, to affiliate the Board with, nor express the Board’s preference for, any faith or religious denomination.” Instead, the stated goal of the policy was to “acknowledge and express the Board’s respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Forsyth County.” Despite that language, the prayers repeatedly continued to reference specific tenets of Christianity. These were not isolated occurrences: between May 29, 2007 and December 15, 2008, almost four-fifths of the prayers referred to “Jesus,” “Jesus Christ,” “Christ,” or “Savior.”

What’s the problem with this? It creates a environment of intimidation and unspoken preference for one religious point of view in a place that is supposed to serve and be open to all citizens regardless of their religious preferences.

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.”

This puts into doubt the legal fig-leaf of Lancaster, California’s token inclusion of non-Christians. While the court ruled that the prayer policy of the Forsyth County Board of Commissioners is not necessarily unconstitutional, the overwhelmingly Christian nature of the sectarian prayers helped “create an environment in which the government prefers — or appears to prefer — particular sects or creeds at the expense of others.” If your prayer policy is open, but 4/5′s of your prayers are to Jesus, then you’re creating an atmosphere of preference that (perhaps inadvertently) endorses one type of religiosity over another.

It should also be noted that the 4th Circuit’s decision referenced two cases they previously heard involving Pagans and prayer. Simpson v. Chesterfield County, the case that helped created the so-called “Wiccan-proof” prayer policy, and the Darla Wynne case, in which a Wiccan from South Carolina won a battle against sectarian government prayer. In fact, the Alliance Defense Fund’s “model invocation policy” was designed after these two cases involving Pagans and sectarian prayer earned national attention. So this is a new wrinkle of constitutional needle-threading that proponents of sectarian prayer at government meetings will have to address. The “include a Wiccan” gambit may not work if the rest of the prayers overwhelming endorse Christ. Will those who desperately want to invoke Jesus be able to stomach balancing that out with non-Christian prayers? Expect future challenges to address this very issue. Frederick County, Virginia may now technically be open to polytheist invocations, but they are under the 4th Circuit Court’s jurisdiction, so they better watch their balance.