Pagan anti-defamation organizations are springing up everywhere. But each individual Witch, Wiccan or Pagan should have a working knowledge of their fundamental rights and avenue to legal recourse.  Here are some of the basics:

Commonwealth of Virginia
A.R.E.N. (Alternative Religious Educational Network)
The Virginia Constitution
Your Bill of Rights
 

Important Addresses
These organizations can help!

American Civil Liberties Union
         32 W. 43rd St.
             New York, NY 10036
             (212)944-9800
             E-Mail:infoaclu@aclu.org
         http://www.aclu.org/
 

Americans United for Separation of Church and State
              1816 Jefferson Place, NW
              Washington, DC 20036
              202-466-3234
              202-466-2587 (fax)
              E-Mail:amerunited@aol.com
         http://www.au.org/

Institute for First Amendment Studies
                        P.O. Box 589
                        Great Barrington, MA 01230
                        (413)528-3800
                        Publishes: Freedom Writer
                  www.berkshire.net/~ifas
             (watch dog group tracking religious right activities)

Anti Defamation League
823 United Nations Plaza
NY, NY 10017
http://www.adl.org/frames/front_hate_symbols.html
 

E-MAIL and URLS:

http://www.webslingerz.com/jhoffman/congress-email.html
http://www.senate.gov/
http://www.loc.gov/global/legislative/email.html
 

Senate
http://www.senate.gov/contacting/index.cfm

House of Representatives
http://www.house.gov/
http://www.numbersusa.com/direct.html
 

Phone List- House of Representatives:
http://clerkweb.house.gov/107/mcapdir.php3
 

Other:

Urban Legends and Folklore

Wicca is nicely summed up in the U.S. Army Chaplain's Handbook: Religious Requirements and Practices of Certain Selected Groups. It can be ordered from the following address and we have referenced the section on Wicca below.

USAF Chaplain's Service Institute, Resource Division, 525 Chenault Circle, Maxwell AFB, Montgomery, AL
36112-6429.

Pages 231-236

WICCA

•ADDRESS: No central address. Wiccan worship groups, called covens, are essentially autonomous. Many, but far from all, have affiliated with:
Covenant of the Goddess, P.O. Box 1226 Berkeley, CA 94704

•OTHER NAMES BY WHICH KNOWN: Witchcraft; Goddess worshippers; Neo-Paganism, Paganism, Norse (or any other ethnic designation) Paganism, Earth Religion, Old Religion, Druidism, Shamanism. Note: All of these groups have some basic similarities and many surface differences of expression with Wicca.

•LEADERSHIP: No central leadership. The Covenant of the Goddess annually elects a First Officer and there is a constitutional limit of two consecutive terms, but in practice officers have almost always served for one year only. In 1991, there are two co-First Officers, Phoenix Whitebirch and Brandy Williams.

•MEMBERSHIP: Because of the complete autonomy of covens, this cannot be determined. There are an estimated of 50,000 Wiccans in the United States (1).

•HISTORICAL ORIGIN: Wicca is a reconstruction of the Nature worship of tribal Europe, strongly influenced by the living Nature worship traditions of tribal peoples in other parts of the world. The works of such early twentieth century writers as Margaret Murray, Robert Graves and Gerald B. Gardner began the renewal of interest in the Old Religion. After the repeal of
the anti-Witchcraft laws in Britain in 1951, Gardner publicly declared himself a Witch and began to gather a group of students and worshipers. In 1962, two of his students, Raymond and Rosemary Buckland (religious names: Lady Rowen and Robat), emigrated to the United States and began teaching Gardnerian Witchcraft here. At the same time, other groups of people
became interested through reading books by Gardner and others. Many covens were spontaneously formed, using rituals created from a combination of research and individual inspiration. These self-created covens are today regarded as just as valid
as those who can trace a "lineage" of teaching back to England. In 1975, a very diverse group of covens who wanted to secure the legal protections and benefits of church status formed Covenant of the Goddess (CoG), which is incorporated in the State of California and recognized by the Internal Revenue Service. CoG does not represent all, or even a majority of Wiccans. A
coven or an individual need not be affiliated with CoG in order to validly practice the religion. But CoG is the largest single public Wiccan organization, and it is cross-Traditional (i.e. non-denominational).

•BASIC BELIEFS: Wiccans worship the sacred as immanent in Nature, often personified as Mother Earth and Father Sky. As polytheists, they may use many other names for Deity. Individuals will often choose Goddesses or Gods from any of the world's pantheons whose stories are particularly inspiring and use those Deities as a focus for personal devotions. Similarly, covens will
use particular Deity names as a group focus, and these are often held secret by the groups. It is very important to be aware that Wiccans do not in any way worship or believe in "Satan," "the Devil," or any similar entities. They point out that "Satan" is a symbol of rebellion against and inversion of the Christian and Jewish traditions. Wiccans do not revile the Bible. They simply regard it as one among many of the world's mythic systems, less applicable than some to their core values, but still deserving just as much respect as any of the others. Most Wiccan groups also practice magic, by which they mean the direction and use of "psychic energy," those natural but invisible forces which surround all living things. Some members spell the word "magick," to distinguish it from sleight of hand entertainments. Wiccans employ such means as dance, chant, creative visualization and
hypnosis to focus and direct psychic energy for the purpose of healing, protecting and aiding members in various endeavors. Such assistance is also extended to non-members upon request. Many, but not all, Wiccans believe in reincarnation. Some take this as a literal description of what happens to people when they die. For others, it is a symbolic model that helps them deal
with the cycles and changes within this life. Neither Reincarnation nor any other literal belief can be used as a test of an individual's validity as a member of the Old Religion. Most groups have a handwritten collection of rituals and lore, known as a Book of Shadows. Part of the religious education of a new member will be to hand copy this book for him or herself. Over
they years, as inspiration provides, new material will be added. Normally, access to these books is limited to initiated members of the religion.

•PRACTICES AND BEHAVIORAL STANDARDS: The core ethical statement of Wicca, called the "Wiccan Rede" states "an it harm none, do what you will." The rede fulfills the same function as does the "Golden Rule" for Jews and Christians; all other ethical teachings are considered to be elaborations and applications of the Rede. It is a statement of situational ethics,
emphasizing at once the individual's responsibility to avoid harm to others and the widest range of personal autonomy in "victimless" activities. Wicca has been described as having a "high-choice" ethic. Because of the basic Nature orientation of the religion, many Wiccans will regard all living things as Sacred, and show a special concern for ecological issues. For this reason,
individual conscience will lead some to take a pacifist position. Some are vegetarians. Others will feel that, as Nature's Way includes self-defense, they should participate in wars that they conscientiously consider to be just. The religion does not dictate either position, but requires each member to thoughtfully and meditatively examine her or his own conscience and to live by it.
Social forces generally do not yet allow Witches to publicly declare their religious faith without fear of reprisals such as loss of job, child custody challenges, ridicule, etc. Prejudice against Wiccans is the result of public confusion between Witchcraft and Satanism. Wiccans in the military, especially those who may be posted in countries perceived to be particularly intolerant, will
often have their dogtags read "No Religious Preference." Concealment is a traditional Wiccan defense against persecution, so non-denominational dogtags should not contravene a member's request for religious services. Wiccans celebrate eight festivals, called "Sabbats," as a means of attunement to the seasonal rhythms of Nature. These are:

Sabbats
•January 31 [Called Oimelc, Brigit, or February Eve],
•March 21 [Ostara or Spring Equinox],
•April 30 [Beltane or May Eve],
•June 22 [Midsummer, Litha or Summer Solstice],
•July 31 [Lunasa or Lammas],
•September 21 [Harvest, Mabon or Autumn Equinox],
•October 31 [Samhain, Sowyn or Hallows], and
•December 21 [Yule or Winter Solstice].

Some groups find meetings within a few days of those dates to be acceptable, others require the precise date. In addition, most groups will meet for worship at each Full Moon, and many will also meet on the New Moon. Meetings for religious study will often be scheduled at any time convenient to the members, and rituals can be scheduled whenever there is a need (i.e. for a healing). Ritual jewelry is particularly important to many Wiccans. In addition to being a symbol of religious dedication, these talismans are often blessed by the coven back home and felt to carry the coven's protective and healing energy.

•ORGANIZATIONAL STRUCTURE: Most Wiccans meet with a coven, a small group of people. Each coven is autonomous. Most are headed by a High Priestess, often with the assistance of a High Priest. Some are headed by a High Priestess or High Priest without a partner, and some regard themselves as a gathering of equals. Covens can be of mixed gender, or all female or male, depending on the preferences of the members. Every initiate is considered to be a priestess or
priest. Most covens are small. Thirteen is the traditional maximum number of members, although not an absolute limit. At that size covens form a close bond, so Wiccans in the military are likely to maintain a strong affiliation with their covens back home. There are many distinct "Traditions" of Wicca, just as there are many denominations within Christianity. The spectrum of
Wiccan practice can be described as ranging from "traditional" to "eclectic," with Traditions, covens and individuals fitting anywhere within that range. A typical difference would be that more traditional groups would tend to follow a set liturgy, whereas eclectic groups would emphasize immediate inspiration in worship. These distinctions are not particularly important to the military chaplain, since it is unlikely that enough members of any one Tradition would be at the same base. Worship circles
at military facilities are likely to be ad-hoc cross-Traditional groups, working out compromise styles of worship for themselves and constantly adapting them to a changing membership. Therefore, the lack of strict adherence to the patterns of any one Tradition is not an indicator of invalidity. While many Wiccans meet in a coven, there are also a number of solitairies. These are
individuals who choose to practice their faith alone. The may have been initiated in a coven or self initiated. They will join with other Wiccans to celebrate the festivals or to attend the various regional events organized by the larger community.

•ROLE OF MINISTERS: Within a traditional coven, the High Priestess, usually assisted by her High Priest, serves both as leader in the rituals and as teacher and counselor for coven members and unaffiliated Pagans. Eclectic covens tend to share leadership more equally.

•WORSHIP: Wiccans usually worship in groups. Individuals who are currently not affiliated with a coven, or are away from their home coven, may choose to worship privately or may form ad-hoc groups to mark religious occasions. Non-participating observers are not generally welcome at Wiccan rituals. Some, but not all, Wiccan covens worship in the nude ("skyclad") as a
sign of attunement with Nature. Most, but not all, Wiccan covens bless and share a cup of wine as part of the ritual. Almost all Wiccans use an individual ritual knife (an "athame") to focus and direct personal energy. Covens often also have ritual swords to direct the energy of the group. These tools, like all other ritual tools, are highly personal and should never leave the possession of the owner. Other commonly used ritual tools include a bowl of water, a bowl of salt, a censer with incense, a disk with symbols engraved on it (a "pentacle"), statues or artwork representing the Goddess and God, and candles. Most groups will bless and share bread or cookies along with the wine. All of these items are used in individual, private worship as well as in congregate rituals.

•DIETARY LAWS OR RESTRICTIONS: None.

•FUNERAL AND BURIAL REQUIREMENTS: None. Recognition of the death of a member takes place within the coven, apart from the body of the deceased. Ritual tools, materials, or writings found among the effects of the deceased should be returned to their home coven (typically a member will designate a person to whom ritual materials should be sent). It is desirable for a Wiccan priest or priestess to be present at the time of death, but not strictly necessary. If not possible, the best assistance would be to make the member as comfortable as possible, listen to whatever they have to say, honor any possible requests, and otherwise leave them as quiet and private as possible.

•MEDICAL TREATMENT: No medical restrictions. Wiccans generally believe in the efficacy of spiritual or psychic healing when done in tandem with standard medical treatment. Therefore, at the request of the patient, other Wiccan personnel should be allowed visiting privileges as though they were immediate family, including access to Intensive Care Units. Most Wiccans
believe that healing energy can be sent from great distances, so, if possible, in the case of any serious medical condition, the member's home coven should be notified.

•OTHER: With respect to attitude toward military service, Wiccans range from career military personnel to conscientious objectors. Wiccans do not proselytize and generally resent those who do. They believe that no one Path to the Sacred is right for all people, and see their own religious pattern as only one among many that are equally worthy. Wiccans respect all religions
that foster honor and compassion in their adherents, and expect the same respect. Members are encouraged to learn about all faiths, and are permitted to attend the services of other religions, should they desire to do so.

GENERAL SOURCE BOOKS

•The best general survey of the Wiccan and neo-Pagan movement is: Adler, Margot. Drawing Down the Moon. Boston: Beacon Press, 1986. 595pp
•For more specific information about eclectic Wicca, see: Starhawk. The Spiral Dance. New York: Harper & Row, 1979.
•For more specific information about traditional Wicca, see: Farrar, Janet, and Stewart Farrar:
•Eight Sabbats for Witches. London: Robert Hale, 1981. 192pp. •The Witches' Way. London: Robert Hale, 1984. 394pp.

FOR MORE INFORMATION

•Pagan Military Newsletter c/o Terri Morgan, Editor 829 Lynnhaven Parkway 114-198 Virginia Beach, VA 23452

Because of the autonomy of each coven and the wide variance of specific ritual practices, the best contact person would be the High Priestess or other leader of the member's home coven.
 
 

This referandum was provided by the Witches League for Public Awareness, Salem, Mass: http://www.celticcrow.com/

Statement of the Facts: Witchcraft in the United States is a living, growing religion. As a religion, Witchcraft is protected by the Constitution. The Law has the obligation to serve and protect Witches in their religious endeavors, equally as much as it protects the rights and freedoms of other groups. In the United States today, Witches are entitled to the same rights and
protections as other groups under the First and Fourteenth Amendments.
 

ISSUE I: Is Witchcraft recognized as a legitimate religion in the United States?

ISSUE II: Does the practice of Witchcraft fall within the parameters of the First Amendment? protection clause?

ISSUE III: Are Witches entitled to rights under the equal protection clause of the Fourteenth Amendment?

ISSUE IV: Are Witches entitled to the same rights and protections under State Laws. applicable to where they live, as they are under Federal Law?
 

ISSUE I: Witchcraft is recognized in the United States as a legitimate religion. In 1985, Dettmer v Landon (617 F Supp 592) the District Court of Virginia pursuant to rule 52 (a) of the Federal Rules of Civil Procedure ruled that Witchcraft is a legitimate religion and falls within a recognizable religious category In 1986 in the Federal Appeals court fourth circuit. Butzner, J.
affirmed the decision (799 F 2d 929) Since in most cases Federal law, even case law supersedes state law in this type of matter, the affirmation by judge Butzner clearly sets Witchcraft as a religion under the protection of constitutional rights. The Church of Wicca (or Witchcraft) is clearly a religion for First Amendment purposes.

Members of the Church sincerely adhere to a fairly complex set of doctrines relating to the spiritual aspect of their lives, and in doing so they have ultimate concerns' in much the same way as followers of more accepted religions. Their ceremonies and leadership structure, their rather elaborate set of articulated doctrine, their belief in the concept of another world, and their broad concern for improving the quality of life for others gives them at least some facial similarity to other more widely
recognized religions.

While there are certainly aspects of Wiccan philosophy that may strike most people as strange or incomprehensible. the mere fact that a belief may be unusual does not strip it of constitutional protection. Accordingly the Court concludes that the Church of Wicca. of which the plaintiff is a sincere follower. is a religion for the purpose of the free exercise clause." Williams. J. 1985
Dettmer v. Landon Supra. ³We agree with the district court that the doctrine taught by the Church of Wicca is a religion." Butzner. J. 19864th Circuit. Dettmer v. Landon Supra.
 

ISSUE II: The first amendment of the United States Constitution guarantees the right to freedom of religious belief. The USCA states that a practice is a religion if it is for an individual a belief system for their whole life. The constitution does not wish to dictate what an individual should hold as a belief system or how it is practiced and will not enter into a ruling on that. "Court
may not inquire into worthiness of parties' religious belief to ascertain whether they merit. First Amendment protection, but need only consider whether beliefs are 'religious' in parties' own scheme of things and whether their beliefs are sincere. USCA Const.
Amend. I "To be a bona fide religious belief entitled to protection under either the First Amendment or Title VII, a belief must be sincerely held" and within the believers own scheme of things religious. USCA Const. Amend. 1: Civil Rights Act 1964 701 et seq., 717 as amended 42 USCA 2000e-16"

ISSUE III: The equal protection clause is guaranteed to all people and groups. If one group of people is entitled to equal protection than all groups are. Witchcraft is accepted as a religion, therefore, Witches are entitled to the same protections as all other religious groups; under the equal protection clause of the Fourteenth Amendment. ³First and Fourteenth Amendments
insures without qualification that a state may not forbid the holding of any religious belief or opinion, nor may it force anyone to embrace any religious belief or to say or believe anything in conflict with his religious tenets. USCA Const. Amend. 1, (14 Africa v. Anderson 542 F. Supp. 224.") (16 FPD 212-216)

ISSUE IV: USCA ARTICLE VII # 2 states: ³This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be The Supreme Law of the Land; and the Judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding."In light of the fact that Dettmer v. Landon supra, being a Federally Adjudicated case. it is thereby protected by the Constitution. No state can override this Federal adjudication. No Witch can be denied his/her civil liberty and right to be a Witch, open and free, in any state in the land; within the parameters of the Law.

CONCLUSION:

Witchcraft is a legally recognized religion in the United States and Witches are entitled to every right and protection for  freedom of religion, including freedom from harassment and prejudice as every other recognized religion in the United States.

The United States Constitution, under the First and Fourteenth Amendments. supports the right of all peoples in the United States to practice their own belief system and to enjoy this in each their own manner.

Lawyers and Law Enforcement Agencies have the obligation to protect the rights of all people in their religious endeavors, no matter what they may be, without bias or prejudice

Witches desire only to retain their right of religious privacy and to practice their Craft as they see fit within the parameters of the law.
 

Know Your Legal Rights

This information is courtesy of The Witches Voice: http://www.witchvox.com/ and reprinted with permission.

Pagan anti-defamation organizations are springing up everywhere. But each individual Witch, Wiccan or Pagan should have a working knowledge of their fundamental rights and avenue to legal recourse. Here are some of the basics:

FEDERAL:

FREE EXERCISE OF RELIGION GUARANTEED-

The First Amendment to the United States Constitution provides:

"Congress shall pass no law respecting an establishment of religion, or prohibiting the free exercise thereof...."

Free exercise of religion is protected in the United States provided that the belief is sincerely held and is a religious belief of any kind. The belief or practice need not be a part of an organized religion or sect, and need not include a belief in any Supreme Deity. Individualistic, Indigenous, polytheistic, agnostic and atheistic beliefs all fall under the protection of law.

Cases: Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 113S.Ct. 2217 (1993)
Frazee v. Illinois Dept. of Employment Security , 489 U.S. 829 (1989)
Callahan v. Woods, 658 f. 2d.679 (9th Cir. 1981)

Courts cannot judge validity of any belief or doctrine;
U.S. v. Ballard, 322 U.S. 78 (1944)

Free exercise of religious belief is protected by the First Amendment from intentional encroachment under all circumstances. The government cannot single out a particular religious belief or religion for special burdens or restrictions unless it can prove a compelling reason for doing so. This "compelling reason" must be grave concerns for the social welfare of society. Even if
"compelling reasons" are proven, the government still must use the least amount of encroachment possible.

Cases: Church of Lukumi Babalu Aye, Inc. v. City of Hialeah (cited above)
Employment Division, Dept. of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990)
Sherbert v. Verner, 374 U.S. 398 (1963)
Religious Freedom Restoration Act, 42 U.S.C. 2000bb (1993)
Lawson v. Dugger, 844 F. Supp. 1538 (S.D. Fla, 1994)

The Non-Establishment Clause of the First Amendment prohibits the official sponsorship of, support of, or active involvement in, religious activity. This limits interference or undue influence by federal, state and local governments or their agents on the validity of any religious belief or religion. this recognizes the right of an individual to be free from laws and government decisions
which aid one religion, all religions or prefer one religion over another.

Cases:

Walz v. Tax Commission, 397 U.S. 1 (1947)
Everson v. Board of education, 330 U.S. 1 (1047)
Lemon v. Kurtzman, 403 U.S. 602 (1971)
Larson v. Valente, 456 U.S. 228 (1982)

FREEDOM FROM RELIGIOUS DISCRIMINATION-

The Fourteenth Amendment to the U.S. Constitution states:

"No state shall...deny to any person within its jurisdiction the equal protection of the laws."

The Fourteenth Amendment protects against discrimination by state and local governments on the basis of religious beliefs, as well as gender or ethnicity.

Cases: Police dept. of Chicago v. Mosley, 408 U.S. 92 (1972)

Also see under RFRA 1993-

Campos v. Coughlin, 854 F. Supp. 194 (S.D.N.Y. 1994)
Western Presbyterian Church v. Board of Zoning Adjustment of District of Columbia, 849 F. Supp. 77 (D.D.C. 1994)

Additional protection is provided by-

The Civil Rights Act of 1871
1978 American Indian Religious Freedom Act (1978)

In conclusion: The United States is a multi-faith society; freedom of religion is constitutionally guaranteed. No religion has official support or preference from any governmental entity or any of its agents. Discrimination on the basis of religious preference is illegal.