The Wild Hunt » Religion Clause

Unleash the Hounds! (Link Roundup)

Jason Pitzl-Waters — Thu, 07 Jul 2011 16:13:12 +0000

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

At the excellent Religion In American History blog Kelly Baker points to a a conversation about sacred space in America with Erika Doss, Anthea Butler, Jacob Kinnard, and Edward Linenthal in newest issue of Material Religion: The Journal of Objects, Art and Belief. According the Baker, the conversation includes mention of the special outdoor worship area for Pagan cadets at the Air Force Academy. The circle was officially dedicated in May of this year.
Washington state Corrections officer Jayme Biendl was murdered by an inmate in January. Her killer was a Jekyll-and-Hyde figure who was “entrenched” in “religious activities”. A public disclosure request has resulted in a release of any records regarding Biendl, and the Associated Press leads its report on those papers with a complaint filed over a Wiccan cabinet in the communal chapel. It should be noted for the sake of clarity that the prisoner who killed her had never filed a grievance against the officer, and is, by his own admission, Christian.
BBC Scotland has an audio-only interview up with Robin Hardy, writer/director of “The Wicker Tree”, the forthcoming companion film to the classic 1973 Pagan-themed horror film “The Wicker Man.” The film will be having its world premiere at this year’s Fantasia Festival. You can read all of my “Wicker Tree” coverage, here.
Cara Schultz at PNC-Minnesota reviews the forthcoming “Tears of the Sun” by SM Stirling, the latest installment in the Emberverse series, which features several positive Pagan protagonists.
A box of dead animal parts was found outside a Tampa, Florida prison, Hillsborough County Sheriff’s Maj. Kenny Davis thinks that it’s “probably somebody putting a spell on somebody.” The Tampa Tribune helpfully seeks out the opinion of University of South Florida religion professor Mozella Mitchell, who notes that “no legitimate African derived religion in the Caribbean and Latin America” would do this, and that this is the “distorted practice of some group.”
For a special July 4th post at CNN author Kenneth C. Davis explains why the United States isn’t a Christian nation. In the process of making his case he quotes my favorite treaty.
At USC’s Trans/Missions Maura Jane Farrelly looks at the influence of pseudo-historian David Barton on presidential candidate Rep. Michele Bachmann and plugs the forthcoming book “The Anointed: Evangelical Truth in a Secular Age.”
While Bachmann likes Barton, Barton may prefer Rick Perry. Quote Amy Sullivan: “Is that sexism at work? Possibly. Maybe even probably.”
Religion Clause reports that the parliament of Georgia (the country, not the US state) yesterday passed an amendment that will allow minority religious groups to register as legal entities. Orthodox Christianity is the dominant religion in Georgia, and this may allow greater protections and rights for religious minorities.
The novel “Gods Behaving Badly,” about a greatly diminished Greek pantheon sharing a flat in London, is being made into a movie, with an all-star (and somewhat bizarre) cast and a change of location to New York. Check out this lineup: Aphrodite played by Sharon Stone, Apollo played by Oliver Platt, Artemis played by Edie Falco, Demeter played by Phylicia Rashad, Dionysus played by Nelsan Ellis, Eros played by Gideon Glick, Hades played by John Turturro, Hermes played by Henry Zebrowski, Persephone played by Rosie Perez and Zeus is, get this, played by Christopher Walken. “Gods” was originally going to be a television series, but it looks like that never panned out.

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.

Update: Setback in Wiccan Chaplaincy Case

Jason Pitzl-Waters — Wed, 25 Feb 2009 14:42:15 +0000

Religion Clause (the best source for religious litigation news) just posted some new developments in the numerous legal challenges that Wiccan chaplain Patrick McCollum had brought against the state of California’s prison system, and it looks like more bad news.

“In McCollum v. California, 2009 U.S. Dist. LEXIS 13580 (ND CA, Feb. 23, 2009), a volunteer Wiccan prison chaplain claimed that the California Department of Corrections and Rehabilitation has not given him the same access to prisoners and facilities as it gives to chaplains of other faiths, and that it retaliated against him because of his complaints about the treatment of Wiccans in California prisons. The court held that plaintiff had not shown sufficient evidence of disparate treatment to support his equal protection claim. Nor had he proven that the temporary suspension of his volunteer privileges or the failure to hire him for a position for which he applied were because of his exercise of 1st Amendment rights. (See prior related posting.)”

This, along with McCollum’s loss concerning challenges to California’s “five faiths” policy, doesn’t exactly paint a rosy picture concerning the future of Wiccan/Pagan prison chaplaincy. No word yet on if McCollum plans to challenge these rulings to a higher court. One brief ray of hope here is that law professor Howard M. Friedman (author of Religion Clause) points to a recently-released ruling from last year that could help McCollum lauch a more successful challenge to the “five faiths” policy.

“While the Northern District of California denied standing to a chaplain to challenge the 5 Faiths Policy, a decision from last year has just become available through LEXIS in which the Eastern District of California finds that an inmate does have standing to challenge the policy. In Rouser v. White, 2008 U.S. Dist. LEXIS 107199 (ED CA, Sept. 16, 2008), the court also found that plaintiff’s complaint alleges “plausible grounds” for relief in his Establishment Clause challenge.”

So if McCollum partners up with a Wiccan or Pagan inmate willing to challenge the “five faiths” he might get a bit further next time. This may also be true in issues concerning equal access of Pagan prisoners to chaplains. In the meantime, the ongoing mistreatment of minority religions in prison continues.

The Green Bay Nativity Case Fizzles Out

Jason Pitzl-Waters — Wed, 08 Oct 2008 14:46:00 +0000

The Religion Clause blog reports that a case involving a controversial Nativity Scene erected on city property in Green Bay, Wisconsin this past December has been dismissed by the judge.

A brief moment of religious inclusiveness in Green Bay.

“…a Wisconsin federal district court dismissed an Establishment Clause challenge to a nativity scene displayed last year on the roof of the entrance to Green Bay’s City Hall. Plaintiffs sought a declaratory judgment, an injunction and nominal damages. Without reaching the merits, the court concluded that plaintiffs lacked standing because “none of the relief they seek would redress the injuries they claim.” City Council had already enacted a moratorium on all displays, until a policy is worked out in the future. Also the city took down the display at issue on December 26, just hours before this lawsuit was filed. The claim for nominal damages was not sufficient by itself to create standing.”

This ruling isn’t exactly a rousing victory for Mayor Jim Schmitt. While Green Bay won’t have to pay damages, this “Christmas Wars” showdown hasn’t endeared him to the local press, and even local clergy have told him to keep city hall secular.

“Mayor Jim Schmitt has met with clergy to get their ideas on a city policy. They agreed that the city should stick with secular decorations and leave the religious displays to area churches and synagogues.”

This case has displayed the worst impulses of politicians. Enacting policy in order to “take the fight to” organizations they disagree with, inviting religious diversity to cover their tracks, and then insulting a local Wiccan organization (Circle Sanctuary) by refusing to replace a holiday display that had been vandalized. It makes one wish that Green Bay’s mayor had the same good sense as Muskego’s.

“You have to be respectful of all religions and if you start putting one display up, you have to put up displays for everybody,” Muskego Mayor John Johnson said. “If you put up a Nativity scene and then a group asks you to put up a Hanukkah display or a display for the Muslim holiday, do you tell them no? You can’t.”

While the Freedom From Religion Foundation’s suit was dismissed, they, and the Green Bay residents who filed with them, really won the larger battle. It seems very likely that Mayor Jim Schmitt and the city council will take the advice of local clergy and keep things secular this year. Avoiding future games of litigious “chicken” for the sake of proving that Green Bay is more Christian than Madison. Let’s hope this case fizzling out will be a harbinger of the larger “War on Christmas” finally losing momentum among the punditocracy.

In Other News

Jason Pitzl-Waters — Thu, 28 Aug 2008 16:04:00 +0000

While Starhawk’s meditation on McCain gets top billing from The Wild Hunt today, it isn’t the only story of interest to our communities happening right now. Here are some links to other stories of note.

New Jersey’s Packet Online looks at the careers of Darlene Prestbo and Hazel Staats-Westover, elders within the women’s spirituality movement, who contribute a chapter to the recently released work “WomanSoul: The Inner Life of Women’s Spirituality”.

“Because of their longtime involvement in women’s spirituality, their professional reputations and friendships, Ms. Prestbo and Ms. Staats-Westover were invited by Carole A. Rayburn, a noted research psychologist who had visited the women’s spirituality groups and been touched by the experience, to contribute a chapter to Womansoul: The Inner Life of Women’s Spirituality. Ms. Rayburn co-authored the book with Lillian Comas-Diaz, also a respected psychologist and educator. The icing on the cake for the two local women was an invitation to the 116th Annual Convention of the American Psychological Association in Boston, where they spoke Aug. 15. The book explores and advances the concept of “womansoul” — a gender specific way of embracing spirituality. It discusses the personal and professional impact of spirituality in the lives of women from a variety of ethnic, religious and cultural backgrounds — Muslim, Hindu, Christian, Jewish, Buddhist, Native American and more.”

Prestbo and Staats-Westover also co-founded (in 1987), and help run, a Princeton area women’s spirituality group called the Daughters of Gaia.

If you happen to be institutionalized, you have a right to write letters in “Atlantean” undisturbed, so long as it is integral to your belief system.

“DeSimone v. Bartow is a lawsuit by plaintiff who has been civilly committed to a mental health facility operated in part by the Department of Corrections. A Wisconsin federal district court permitted him to proceed with a claim that his 1st amendment and RLUIPA free exercise rights were violated when he was prohibited from writing in his Atlantean language, a practice plaintiff said was central to his religious belief. Officials said it took too long to translate the writings, and untranslated writings posed security risks, even though they did not impose the same restrictions on others who wrote in different foreign languages.”

I can only assume that letters written in Enochian, Theban, Angelic, and Malachim scripts would be similarly protected. I wonder, is the “Atlantean” alphabet he is using the one invented by Disney?

In a final note, Switzerland has exonerated Europe’s last beheaded witch.

“Swiss officials have granted a pardon to Europe’s last beheaded witch – more than 220 years after she was executed. The parliament of the Swiss canton (state) of Glarus decided unanimously today to exonerate Anna Goeldi as a victim of “judicial murder,” said Josef Schwitter, a government spokesman. Goeldi was executed in 1782 for an alleged case of poisoning.”

Goeldi, who is something of a (in)famous figure in Swiss history, had a museum opened in her honor, and the Swiss government is donating $118,000 towards the creation of a play about her life.

(Pagan) News of Note

Jason Pitzl-Waters — Mon, 30 Jun 2008 13:05:00 +0000

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

Getting excited about Hellboy II yet? I sure am! The film, directed and co-written by “Pan’s Labyrinth” director Guillermo del Toro, is chock-full of pagan-friendly elements. To whet your appetite for the July 11th release date, an animated comic prologue has been released.

For more pre-release fun, check out the multiple trailers at the Apple site. You might also want to read some advance reviews from Variety, Hollywood Reporter, and Cinematical.

While I’m on the subject of movie news, a recent Virgin Media survey places “The Wicker Man” in the top ten best British films of all time.

“Four Weddings And A Funeral has been named best British film of all time in a survey out yesterday. The 1994 romantic comedy just beat Monty Python’s Life Of Brian, and made a star of Hugh Grant, who comes fourth in the Best Actor poll. Trainspotting, Casino Royale, starring Daniel Craig as James Bond, Guy Ritchie’s Lock Stock And Two Smoking Barrels, Lawrence Of Arabia, Withnail And I, Atonement, The Wicker Man and Get Carter completed the top 10 in the Virgin Media survey.”

Speaking of “The Wicker Man”, star Christopher Lee has lashed out in the press about ageism in the film industry after his role in the Scottish movie “Stone of Destiny” was edited out.

Presidential candidate Barack Obama seems to embody the religious hopes and fears of America. He’s been called a secret Muslim, spurred claims that he might be the messiah, or a perhaps a “light worker”, pissed off James Dobson, gained the support of a Pagan delegate (and had supposed Pagan ties used against him), and was formally adopted into the Crow Indian Nation. Now Hindus think he might be one of them.

Spot the Monkey God!

“If charges of being a “secret Muslim” weren’t enough, Barack Obama may now need to prove he’s not a secret Hindu as well. According to the Times of India, a group of supporters in New Delhi have sent Obama a two-foot, gold-plated statue of the monkey god Hanuman. According to Indian politician Brijmohan Bhama, “Obama has deep faith in Lord Hanuman and that is why we are presenting an idol of Hanuman to him.” The apparent source of this pronouncement of Obama’s newly-discovered faith is this photo from Time magazine, which shows a collection of lucky charms Obama carries with him, including a small Hanuman charm.”

What better way to debunk “secret Muslim” smears than to have the Hindus claim you! Of course Obama is actually a liberal Christian, but this swirl of activity proves just how far America has moved from its “Christian” identity.

The Miami Herald has put out a very nice story about the shrine of la Ermita de La Caridad, a place where Cuban refugees come for solace and to pray. Though technically a Catholic shrine, it also attracts followers of Santeria who see la Caridad as a manifestation of Ochun.

“At the northern end of the seawall, where historic Vizcaya serves as a foreground to the glossy towers of Brickell Avenue, a stone Eleggua (the Santeria god known as the opener of paths) with cowrie-shell eyes gazes up toward the water’s surface. At the southern end, near Mercy Hospital, someone’s Santeria necklaces cling to a rock, a school of little silver fish brushing by the yellow and amber beads for Ochun, the blue and white ones for Yemaya … As Catholic as the shrine is, many of the devoted who come here are also followers of Santeria. In the religious syncretism of Cuba, la Caridad, an apparition of the Virgin Mary, is also called Ochun, one of the orishas, the Santeria gods. “A sanctuary is precisely a place where the Catholic religion makes contact with el pueblo,” Roman says. “We know there are people who perform rituals out there by the seawall. But they do it very respectfully. They don’t let us see it.”

A touching and balanced story about how culture and shared experience can sometimes overcome the barriers erected by religion.

In a final note, Religion Clause links to a story about how legal peyote used for religious purposes by Native Americans is becoming increasingly scarce due to local land being leased to oil speculators.

“South Texas property owners have realized there is profit in leasing their land as oil or hunting preserves. Suddenly, the small pittances peyoteros could pay for access didn’t seem worth it. “Now, it’s getting to where the ranchers don’t want to give permission for us to look on their land,” he said. “You have to keep going back to the same patches and waiting for it to grow again.” This presents a conundrum. If Morales and his colleagues keep revisiting the same patches, the cactus doesn’t have enough time to re-grow. Repeated overharvesting also affects the potency of the plant, said Martin Terry, an assistant professor of biology at Sul Ross University in Alpine. “If the demand continues to increase – even slowly – and the supply continues to decrease, then the amount available to the church will just keep continuing to decrease,” he said.”

Religious prohibitions prevent greenhouse-grown peyote, and trips to Mexico, where the cactus is still plentiful, is wrought with legal entanglements. With only a few legal peyoteros left, and available land dwindling, it remains to be seen if the Native American Church can find a way to solve this problem.

That is all I have for now, have a great day!

A Troubling Legal Precedent in Texas

Jason Pitzl-Waters — Sun, 29 Jun 2008 13:39:00 +0000

Twelve years ago a 17 year-old girl in a Pentecostal church was restrained for several hours on two different occasions for the purposes of exorcism. She experienced rope-burns, carpet burns, and bruises. Feeling emotionally traumatized by this involuntary action, the girl was eventually diagnosed with post-traumatic stress disorder, and her parents sued the church for damages and won. However, the Texas Supreme Court has now reversed that decision, saying that the previous ruling unfairly impinged on the First Amendment rights of the church.

“…the state Supreme Court dismissed Schubert’s case in a 6-3 ruling, saying her lawsuit violated the U.S. Constitution’s First Amendment protections on religious expression — the latest in a string of decisions limiting judicial oversight of religious institutions and practice. “The case, as tried, presents an ecclesiastical dispute over religious conduct that would unconstitutionally entangle the court in matters of church doctrine,” said the majority opinion, written by Justice David Medina.”

All three opposing judges, including Chief Justice Jefferson, filed dissents. Arguing that this decision will sanction abuse, so long as the offending organization holds a fig-leaf of religion.

“After today, a tortfeasor need merely allege a religious motive to deprive a Texas court of jurisdiction to compensate his fellow congregant for emotional damages. This sweeping immunity is inconsistent with United States Supreme Court precedent and extends far beyond the protections our Constitution affords religious conduct. The First Amendment guards religious liberty; it does not sanction intentional abuse in religion’s name. Because the Court’s holding precludes recovery of emotional damages – even for assault and other serious torts – where the defendant alleges that the underlying assault was religious in nature, I respectfully dissent.”

While this case happened within a Pentecostal church community, one could hypothetically imagine scenarios involving the modern Pagan community that could echo this young woman’s trauma. Covener held against his or her will due to a “psychic attack”? Sexual misconduct? Abusive initiations? Inappropriate emotional control? So long as the rest of the group testifies that these practices are normal and accepted by the group, the abusers in question could escape prosecution or having to pay damages. Worse, imagine the fate of Christian minors interested in Paganism who could now be subjected to traumatic “exorcisms” or “re-education” with no recourse after the fact.

“Because providing a remedy for the very real, but religiously motivated, emotional distress in this case would require us to take sides in what is essentially a religious controversy, we cannot resolve that dispute,” the Supreme Court ruled. “Determining the circumstances of (Schubert’s) emotional injuries would, by its very nature, draw the court into forbidden religious terrain.”

While I admire judicial neutrality when it comes to making decisions regarding religion (we don’t want judges to favor one faith over another). This carries that ethic too far. Using “neutrality” as a way to avoid causing controversy allows for a multitude of evils to flourish. Abuse done in the name of religion is still abuse. No still means no, even if your abuser thinks a demon said it, and separation of Church and State doesn’t mean religion is above the law or judgment. No religious faith should be a law unto itself, and I can only hope this case goes to the Supreme Court and is overturned.

Pagans and (Canadian) Prisons

Jason Pitzl-Waters — Tue, 29 Apr 2008 13:18:00 +0000

The Edmonton Sun reports on the growing population of Pagans in Canadian prisons. Internal estimates show adherence numbers have tripled in the last five years, and those numbers may be “woefully understated” according to Richard James of the Wiccan Church of Canada.

“According to figures obtained by Sun Media under Access to Information, the number of practising Wiccans and Pagans behind bars has tripled in the last five years. In 2002 there were just 25, compared to 77 in 2007, data from the Correctional Service of Canada show … Richard James, the Toronto-based founder and high priest of the Wiccan Church of Canada, has been involved in prison outreach programs and believes the official count is “woefully understated.” More and more inmates are turning to Wicca because they’ve been let down by other faiths, he said.”

Unlike the prisons of their American neighbors, which are rife with “endemic discrimination” against religious minorities, the Canadian prison system seems quite accommodating.

“According to an internal CSC manual on religious practices, inmate witches are required [I think they mean "allowed"] to have an altar with candles and incense for worship. They should also be permitted a wooden wand, robe, tarot cards, figurines, oils and natural objects such as shells, feathers, stones and crystals, the manual reads … Rick Burk, CSC’s associate to the director general of chaplaincy, restorative justice and victims‚ services, said inmates have a Charter right to practise their faith. In turn, institutions work to foster understanding and tolerance for all faiths inside the wire. ‘There are cultural and spiritual differences in all kinds of traditions and we are constantly engaged in dialogue about respect and diversity and managing the community within a context of diversity,’ he said. ‘Whether there is the word ‘witch’ involved or not, we try to manage diversity.’”

Perhaps the open dialog-focused Canadian model would be preferred to the currently repressive American model where constant litigation for rights is a normal occurrence?

Speaking of American prisons and constant litigation, an interesting prisoner rights case was recently decided. In a ruling by the U.S. Seventh Circuit Court of Appeals on Koger v. Bryan, it was found that prisons can’t demand proof of requirement, or verification from clergy, regarding a reasonable religious request.

“…the court held that a former prisoner’s claim based on the denial of his request for a vegetarian diet substantially burdened the prisoner’s religious exercise. In particular the court found inappropriate the prison’s requirement that the religious practice be required by the inmate’s religion and that this be verified by a member of the clergy.”

This is one more legal step towards true religious self-determination for prisoners. A development that may make some people very uncomfortable, but one that will ultimately benefit modern Pagans and other religious minorities serving jail time. To make this case even more relevant, the former prisoner, Gregory Koger, is an adherent of Aleister Crowley’s Thelema. A fact that has sparked snarky comments from the law-blogs and one of the presiding judges.

“Clearly, without RLUIPA, this case would have been dead in the water when it was filed because declining Koger’s request for a nonmeat diet would not have violated the United States Constitution … A waste of time? Some may disagree, but I lean towards saying ‘yes.’”

Of course that “waste of time” has helped create a precedent that favors personal gnosis and followers of non-hierarchal faiths. A lawsuit that may not have happened if prisons in America worked more towards dialog and granting reasonable risk-free requests instead of dragging its heels in court every time a non-Christian wants something outside the norm.