RealPagan- Paganism for the Real World

This was posted on my Facebook page and might be interesting. 

 

https://wwws.whitehouse.gov/petitions/%21/petition/bar-courts-and-l...

 

Apparently the State Supreme Court of California is trying to make religions like Wicca and Druidry into second class religions which would allow them to be discriminated against.  Thought I would share.

Tags: discrimination, pagans

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I struggle to see Wicca which is a tradition as a religion anyway.

hmm.. and Druidry is not a religion either, however we would like to term them, say pagan religions in general, if this ruling is passed and they are classified as not being protected by the 1st amendment then what does it matter what you call it.  Below is the Petition that is on file with whitehouse.gov.  Whether you classify it as a tradition or a philosophy our right to follow it openly is allowed by the first amendment if it is not protected by that amendment then what kind of discrimination do you think would follow?

 

Currently in the Federal Court system of California, inmates who practice Pagan religions like Wicca and Druidry are suing for discrimination because they have been barred from practicing their religion which they had been legally allowed to practice.

The State of California, with help of the Conservative Christian Dominionist group the Wallbuilders, is arguing that religions like Wicca are not worthy of being protected by the First Amendment. If a federal court rules that Wicca and other Pagan religions are not worthy of equal status it means that every Pagan in the US could be fired from their job, lose their churches and covens, and be otherwise discriminated against. Please do not let a federal court take our rights away, this country is for everyone of every religion.

I think this is one of those rare cases where what you define it is doesn't really matter. The point is the practice and that's what they're trying to limit. I would also consider my spirituality, Anishinaabe (First Nations) to be a tradition but because Native "Religion" was outlawed until 1978 so were our practices. It still colors a lot of what we do spiritually and has forced change into our religious expression because secrecy was important.

I question the authenticity of this petition. If anyone can find the original article or press release of such a story stating these points (aside from this petition); a lawsuit between inmates and the California Federal Court over being barred from practicing pagan religions along with the Christian Dominionist group the Wallbuilders pressing the State of California to not provide protection to pagans under the 1st amendment.  Then by all means I will retract my statement here.  Otherwise, I believe I have devoted a good chunk of my time looking for such a press release only to come up empty handed, but have the following information to share.

First off there is a difference between courts.

"Federal court" refers to any court that hears cases related to United States law, the Constitution, or the US government, as opposed to state, county or municipal courts that hear more local matters. The Supreme Court of the United States is the highest federal court, and is head of the Judicial branch of the United States government.  

So even in the event the Federal Court system of California (or of any State for that matter) would rule against these pagan inmates, ultimately it is the Supreme Court of the U.S that would make the final ruling and that is where these inmates should turn to next.  So I highly doubt that the following is going to happen as stated.....  "If a federal court rules that Wicca and other Pagan religions are not worthy of equal status it means that every Pagan in the US could be fired from their job, lose their churches and covens, and be otherwise discriminated against." 

Secondly,  I believe the U.S Supreme Court  has already gave a ruling on this, with the case of Cutter v. Wilkinson in 2005.  Also there is The Religious Land Use and Institutionalized Persons Act, enacted in 2000.

Another thing, these are inmates imprisoned for committing a crime.  There have been numerous Federal and Supreme court cases already in order to establish where the line is drawn in order to allow inmates to practice their religion/beliefs and what that entails vs the main objective of prison order and safety.  Point being if your practicing beliefs includes burning a lot of incense, don't think your just going to be handed a lighter or a match for that while in jail.

 

"Whether you classify it as a tradition or a philosophy our right to follow it openly is allowed by the first amendment if it is not protected by that amendment then what kind of discrimination do you think would follow?"

 

The kind of discrimination that currently exists.  Do you really think you can openly practice your religion without some kind of discrimination?  Certainly not where it matters.  I don't inform my employer of my religion because its none of his business and I would be discriminated against.  I don't tell my friends who are not open for the same reason, or some people in my family etc...  And in my opinion I am least of all concerned with the religious rights of those incarcerated.

 

I don't care for the bullsh*t the government passes or denies, it has little to do with the citizens Will.  The people are strong and legality and amendments are a false sense of security.

Flammeous I believe you are correct, I have been researching this more in depth and I can't find any sources other than that one on the whitehouse.gov website.  I assumed they would validate petitions that were filed on their site but it seems they do not. 

And Perseverabo, yes I do think that I can openly practice my religion, I do it every day.  I am very open about my beliefs, whether it be at my work, or any where else I am in public, I do not hide who I am or what I believe in.  And I have not as of yet faced any thing that could be defined as discrimination.  And I live in an area that is considered the heart of the bible belt.  It has not always been that way in this country and many places still do not have these types of freedoms, and it is these legalities and amendments that make so we can worship the way we want openly.

I'd been thinking the same things.  I thought that when I read the original articles about the case in California on The Wild Hunt that it was said they weren't going to take it to the Supreme Court for precisely the reasons discussed in this petition--it would provide an opportunity to make us second class religions.  I'm not sure how all this got started, but it's all over Facebook and pretty much every Pagan site I visit.  If something has changed since I read that article several weeks ago, I'd love to hear about it.

 

  I know Lark is up on this issue I read A post she made in a thread over at WT http://www.wiccantogether.com/forum/topics/this-is-a-petition-to-fi...

 

 Here link to Wild Hunt with some more info  http://www.patheos.com/blogs/wildhunt/2011/09/patrick-mccollum-not-...

Thank you Daniel.  :)


Daniel O'Neill (Cat wrangler) said:

 

  I know Lark is up on this issue I read A post she made in a thread over at WT http://www.wiccantogether.com/forum/topics/this-is-a-petition-to-fi...

 

 Here link to Wild Hunt with some more info  http://www.patheos.com/blogs/wildhunt/2011/09/patrick-mccollum-not-...

yes indeed Daniel, thank you for that information.
Funny how I never pick up on any stories like this in Canada.
That's probably because we have the Charter of Human Rights in the Canadian Constitution... :)

Midnyte Hawk said:
Funny how I never pick up on any stories like this in Canada.

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