Christian Justice?
The news has just come in that Cynthia Simpson’s appeal to the Supreme Court has been rejected. Simpson, a Wiccan (and aspiring UU minister) had taken Chesterfield County, Va to court over the right to be included in the rotating opening prayers by local clergy. Originally an ACLU-backed battle by one individual the case soon gained support from The Hindu American Foundation, The Buddhist Peace Fellowship, The Association on American Indian Affairs, and The Interfaith Alliance.
This rejection by the court means that Chesterfield County can continue to alienate faiths that are not “Judeo-Christian” in origin so long as the opening prayers remain non-sectarian (the prayers weren’t non-sectarian when the case was filed and had become so by the first appeal).
The larger question is if the Supreme Court is steering clear of decisions that would upset the “status quo” of religion in America? Simpson’s case is the second case involving modern Pagans that has been refused a hearing. The first case involving Darla Wynne fell out in our favor (a third involving incarcerated Pagans upheld a law already in place).
The appointment of John Roberts as Chief Justice of the United States could create a number of setbacks to legal cases involving modern Pagans (and other minority faiths). As Chief Justice Roberts has the power to frame the tone and direction of the court. The Chief Justice controls the “discuss list” of cases to be heard (though other justices can add to it) and speaks first at conferences where cases are discussed and voted on by the Justices. Beyond that four justices must agree to hear the case for it to be added to the schedule. If the court veers further to the right with the appointment of Harriet Miers we could see a refusal to hear any case that may broaden the rights of modern Pagans on issues of equal rights, participation, and inclusion. Considering that the Roberts-led court is already looking at a case that could limit the government’s power to protect the environment I’m not too optimistic.
As it stands the developing legal status quo is that you can exclude minority faiths so long as you don’t say “Jesus”. Our rights now rest ultimately on the makeup of the Supreme Court, a scary proposition if it becomes a haven for partisan cronies.
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