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Archive for the Tag 'ACLU'

(Pagan) News of Note

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

Our top story concerns a messy divorce, accusations of abuse and child-porn, and the practice of “Wiccanism”. Scott Starnes is being accused by his wife Christine of “using her and the children without their knowledge or consent.” In addition, there seems to be allegations that this is all tied into the practice of Witchcraft somehow.

“Investigators said that Christine Starnes also reported that her husband was studying witchcraft. A Williamston police sergeant confirmed through investigating e-mails and Web sites that Scott Starnes had enrolled in school of witchcraft and had been looking up information on how to cast spells, do evil and “banish a troublesome person.” But there are no charges in connection to any of the witchcraft-related activities, and no immediate indication that any of Starnes’ witchcraft-related interests were in any way illegal.”

After a month-long investigation, child-porn images were found on his computer, though reports of abusive behavior were inconclusive. The police are currently examining the computer for further evidence. According to John Newkirk, Scott Starnes’ lawyer, he is innocent of all charges and this is merely fall-out from messy divorce proceedings. Then again, lawyers are paid very well to say things like that. I would have no trouble writing off Mr. Starnes completely as sick individual if it weren’t for the eagerness of Mrs. Starnes and the police (you can see the list of witchcraft-related items confiscated during the investigation) in dragging the Witchcraft element into this. I’ll be paying close attention to the trial, and the forensic investigation results of the computer, with great interest.

Wiccan comic-book artist Holly G participated in a recent panel at Chicago’s Comic-Con concerning religious themes in comic books. She was joined by two Christians and one agnostic who were also involved in the comics industry. It seems that everyone got along just fine despite the theological differences.

“Remarkably, there were no fights or bitter accusations flung across the table, but rather a unified sense of pride and communion as storytellers focus on spirituality in their work, whether it’s of a religious or metaphysical nature … The panelists were then challenged about their methods of handling faith in their own stories. While the witch talked of unwittingly (and unwillingly) gaining obedient converts through her pagan comics, the pro-life Christian Tennapel talked about the great fulfillment of winning over non-believers. He went on to talk about his most filthy comic, “Black Cherry”, a rated-R mafia, demon story that he billed as his “most religious” book and the most successful among non-believers. The non-Christian audience was drawn to it, he suggested, because of its richly dark, demonic story, but in the process of believing in the tale, were forced to believe in the Christian hierarchy of metaphysical beings. In a sense, this is Tennapel’s way of evangelizing.”

So Tarot: Witch of the Black Rose is gaining us converts? I’m not sure how I feel about that. To see why, you might want to check out some of my previous coverage concerning the intersections between well-known modern Pagans and this not-safe-for-work cheesecake comic.

As plastic “shamans” and various New Age seekers continue to abuse the trust of Native American spiritual leaders, more tribes decide that the best recourse is to shut out all outsiders. That is the case with the Hopi, who have decided to close their annual Hopi Snake Dance to outsiders due to illegal photography and a lack of respect.

“The traditional Hopi Snake Dance, part of an elaborate dayslong ceremony in which tribal members pray for rain, is closed to non-American Indians this year. Mishongnovi village administrator Robert Mahkewa Jr. says illegal photography and a lack of respect for the traditions and ceremonial practices led to the decision to bar non-Indians from this weekend’s event.”

In addition, an editorial from The Native Sun News urges all tribes to restrict access to their ceremonies, saying that the era of outsiders cashing in on their religious practices must come to an end. It truly is a shame that a small population of self-absorbed seekers and con-artists are so damaging relations between Natives and non-Native peoples.

The Washington Post looks at the efforts of Nick Nefedro and the ACLU to overturn a law barring fortune-telling in Montgomery County, Maryland. But unlike previous successful efforts to overturn such bans, Nefedro (a self-described gypsy) isn’t claiming a religious reason that the law should be overturned, a fact that is making local authorities confident they’ll withstand a lawsuit.

“I don’t think it’s strange for us to have laws that protect against fraud,” said Clifford Royalty, zoning division chief in the Montgomery County attorney’s office, adding that “religion has nothing to do with it. He’s not made that allegation in the lawsuit.” “The practice is fraudulent,” Royalty said, “because no one can forecast the future.”

While I wish Mr. Nefedro every success in getting this antiquated law stricken from the books, I think the ACLU should have explored getting a local Pagan involved so that they could bring the religious aspect of these laws into the proceedings. For all of my past coverage of anti-psychic/fortune-telling laws click, here.

In regards to my ongoing look at Pagan periodicals, you might be interested to read this report from the Philadelphia Inquirer on how several smaller religiously-oriented newspapers and newsletters are also falling on hard times.

“They land politely – in mailboxes, not driveways – and deliver their good news gently. “Relics blessed in advance of tour.” “Young Israelis at Medford Camps.” “Our Lady of Pompeii Church Celebrates 100 Years.” “Local Concert Raises $2,600 for Mitzvah Food Project.” But with advertising revenues in decline, these are challenging times for some local religious newspapers – and perhaps the end times for one.”

When pundits and anylists talk about the hard times falling on newspapers and magazines, smaller niche-oriented publications like these are often overlooked. But we shouldn’t underestimate the importance of these journalistic undergrounds for gestating and investigating the stories that eventually become “big news”.

In a final note, the snarky political blog Wonkette rightly mocks the absurd and un-sourced rumours among right-wing blogs that Michelle Obama’s mother participates in Santeria rituals.

“Apparently Marian Robinson, Michelle Obama’s mother, performs Satanic “Afro-Hispanic” witchcraft rituals, in the White House. Barack Obama is piping mad, because how would this affect his IMAGE? Poorly! This story and all of its quotes are true. Jane Mayer of the New Yorker is one helluva reporter and would never make up something this incendiary. Oh… what is that, Intern Riley?… It’s from Townhall, not Jane Mayer of the New Yorker?… THEN IT’S EVEN TRUER.”

I guess when all else fails, when being called a Nazi doesn’t hold water, you can always accuse the women of practicing witchcraft. Somehow I don’t think this is what right-wing thinkers mean when they talk of holding onto “traditional values”.

That’s all I have for now, have a great day!

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Who Gets to Be A Conscientious Objector?

The Washington Post reports on a Quaker who, with the help of the ACLU, is suing the U.S. Government for not providing a way to note conscientious objector status when fulfilling the requirement to register with the Selective Service System.

“The United States, which has an all-volunteer military, has not had a draft since 1973. But the Selective Service System collects information from men ages 18 to 25 in case Congress reinstates conscription into the armed forces. [Tobin] Jacobrown, of Indianola, Wash., said he has not filled out his Selective Service forms, as required by law, because they do not have a space for him to indicate his status as a conscientious objector. As a Quaker, he said, he cannot sign the forms without such a provision. Although Quakers do not have a specific creed, pacifism is a long-standing belief.”

The ACLU points out that adding a line to state a desired CO status would be “easy as pie”, and that Selective Service forms up till 1980 provided a way to record conscientious objector claims. It is currently against the law for any male to refuse to participate in the Selective Service process (and those who do are denied government benefits). It should be interesting to see how this plays out, suing the government into doing anything, no matter how easy it may be for them to accomplish, is a slow and difficult process. As for Tobin Jacobrown, he is already well-positioned to avoid military service in the event of a draft. The Quakers (aka the Religious Society of Friends), with their Peace Testimony and long history of active resistance to military service, are usually given CO status when brought before their local Selective Service board. The contentious issue here, and why I think the government will fight making this “easy” change, is how adding this line might assist members of other religious groups who embrace some form of pacifism, like certain Catholics or various Pagan individuals.

Currently, if you want to get CO status for ethical or religious reasons (CO status isn’t granted for political reasons) you have to appear at a Selective Service board hearing, and you are expected to prove a long-standing commitment to non-participation or resistance to war in all forms. Many religious groups, in anticipation of a new draft, have instructions and forms to prepare in the event that a draft is called and you must prove your CO status. Gathering the proper documentation can be difficult, and division over the issue within religious communities have been used against aspiring objectors. Recent court cases have moved things further into the direction of individual (rather than institutional) matters of conscience that don’t require proof of “rigorous study”, but that doesn’t mean the process is a cake-walk. Allowing teens to indicate a CO claim on the Selective Service form would establish a definable paper-trail of anti-militaristic intent, and could bolster CO cases if a new draft should ever be called. At this time, would-be COs who write objector statements on their Selective Service forms create no paper-trail as the forms are destroyed after the information is recorded.

“Other Quakers, he said, write that they are conscientious objectors on the forms, even though the information is not collected by the government and the documents are discarded. The objectors keep copies of the forms to prove that they raised the issue when they registered.”

For modern Paganism, which encompasses many different religions and traditions, and many different attitudes towards military service, being able to make the government record your individual beliefs regarding service is important. Otherwise a pacifist Pagan could be confronted with the fact that many Pagans serve in the military and that our communities have been very active in having Pagan soldiers acknowledged and honored. As we move away from top-down hierarchical religious institutions, getting to acknowledge that a single religion (or interconnected group of religions) can encompass both pacifists and warriors (and various shades in-between) is an important step, a step that may be taken by Mr. Jacobrown and the ACLU.

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Revenge of the Christian License Plates!

After failing to bring the matter up for a vote last year, the Florida legislature is doubling down this year and pushing to get two Christian-centric license plates approved.


No Church-State problems here!

“If you want Jesus on your license plate, the Florida Senate is looking out for you. Because why worry about a budget impasse or property insurance when you can spend more than an hour talking about Jesus, the devil and license plates? Religious specialty plates offered by Sen. Ronda Storms, R-Valrico, and Sen. Gary Siplin, D-Orlando, made it onto a bill Friday even though many members had not seen images of those plates and none was produced for the debate.”

The Jesus plate pictured above is joined by the infamous “I Believe” cross plate that failed to get traction last year (and is currently being litigated in South Carolina). Also, lest you think this plate would open the doors for any number of religious-themed plates, Sen. Larcenia Bullard made clear that gods (and devils) with horns would be right out!

But those options would come too late for Friday’s debate in the Senate, where Sen. Larcenia Bullard, D-Miami, invoked the devil to make her point: “What if someone comes next year and decides to vote on something that has the devil on it, and horns, horns on each side. I know that people are called the devil, but if the symbol of a devil is on it, I would not vote for that.”

Luckily for people who like their spiritual guides to have “horns on each side”, the ACLU and ADL mobilized after the news broke and managed to get a similar-worded proposal removed from House legislation (preventing, I assume, the plates from seeing the light of day). Meanwhile, some Florida senators are trying to solve the issue by pushing for the removal of all specialty plates in exchange for specialty stickers that would serve the same charitable purpose. Such compromise measures most likely won’t please co-sponsor Sen. Gary Siplin (Democrat) who compared putting Jesus on the plate with other states putting animals on theirs.

For his part, Siplin said FAMU has a snake on its plate and the University of Miami has “a duck or something on their license plate so I think we should have an opportunity for every citizen around the state to be able to purchase a license plate of their choice.”

Christianity, it’s a lot like a duck, or something. Good to know that lawmakers in Florida are so untroubled by our nation’s current ills that they can spend time trying to blur the line between church and state. Oh, and thanks to Pax for originally tipping me off to this story.

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The Public Prayer War Escalates

Few could have envisioned that when Wiccan Darla Kaye Wynne first filed suit against the small South Carolina town of Great Falls in 2001, that it would spark a seven-year judicial and legislative odyssey that threatens to escalate into a full-blown national legal battle over public prayer. Yet, with this (initially) small suit over sectarian prayer at governmental meetings, that is exactly what happened. A slow-brewing conflict that has now spawned a legislative strategy designed to silence future Darla Wynnes, and will soon face legal challenges as the “South Carolina Public Invocation Act” shortly becomes law.

“The South Carolina General Assembly unanimously passed a bill Wednesday that provides guidelines to public bodies within the state regarding their right to open a meeting with prayer. The bill, which adopts a version of the Alliance Defense Fund’s model invocation policy, now awaits a signature from Gov. Mark Sanford to become law. Sanford has already indicated his intention to sign it.”

The Alliance Defense Fund’s “model invocation policy” was designed after two cases involving Pagans and sectarian prayer earned national attention. South Carolina is their first big test of the policy, which intentionally creates “constitutional confusion” over sectarian prayer and places legal roadblocks intended to dissuade future lawsuits. Needless to say, the ACLU is readying itself to challenge the law. The ACLU national board recently took over the local South Carolina chapter, after it became clear there was a crisis of leadership and fundraising hindering it from addressing these upcoming issues.

“If there is one state that can ill afford an ineffective chapter of the American Civil Liberties Union it arguably is South Carolina … in recent years [the SC ACLU chapter] been hampered by ideological squabbling among its board members, staff leadership turnover, lackluster membership and fundraising numbers and a virtually nonexistent media presence. Aware of the problems for some time, the national ACLU board has decided to step in and try to right the ship.”

At stake are the religious freedoms of religious minorities in South Carolina, and ultimately, all over this country. Those who live in smaller towns, rural areas, and states unfriendly to the sort of diversity we represent. The ones who aren’t lucky enough to live in the Bay Area, Salem, or Paganistan. A small prayer to Jesus may not seem like a big deal, until your realize that without the promise of a secular government, our rights to an equal place at the table are jeopardized, and we are ultimately afforded second-class status due to our non-Christian allegiance. Which is why Hindu, Buddhist, and Native American groups have lined up in the past to support Pagans fighting against “Judeo-Christian” sectarian prayer.

“As adherents of non-Judeo-Christian religions, Hindu Americans, Buddhist Americans, and Native Americans have a direct interest in this [Cynthia Simpson's] case. They, like all Americans, are guaranteed religious freedom by the religion clauses of the First Amendment. The ability of these minority religious groups to take part equally in American civic life, a fundamental freedom protected by the religion clauses, is threatened by the Fourth Circuit’s holding that the Establishment Clause does not prohibit governments from excluding non-Judeo-Christian clergy from eligibility to offer legislative invocations.”

So expect a big legal fight in the near future (which, once again, pits the ACLU against the Alliance Defense Fund), one that could very well head to the Supreme Court, and don’t expect too many South Carolina lawmakers to come out in support of religious minorities. South Carolina is a place where even Democrats don’t believe Wicca is a real religion. A loss here will mean similar prayer laws sprouting up anywhere the Alliance Defense Fund has enough pull (places like Texas and Oklahoma, for example).

If you were ever looking for proof that the small legal battles Pagans get involved in matter, or that issues over sectarian prayer are important, look no further than South Carolina, and the small town of Great Falls. Where a single Pagan stood up and fought for a local legislative body that worked for all its citizens, not just the Christian ones.

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The ACLU, South Carolina, and Religious Minorities

As I have reported previously on this blog, South Carolina is quickly becoming one of the “hot zones” in battles over church and state. You had Wiccan Darla Wynne’s victory over sectarian prayer in Great Falls, the ongoing plan by conservative Christians to legislate around that judgment, and a controversial “I Believe” specialty license plate created solely for Christians about to be approved. So it is troubling to hear that the local chapter of the ACLU has become so dysfunctional that the national organization has swooped in to take over.

“If there is one state that can ill afford an ineffective chapter of the American Civil Liberties Union it arguably is South Carolina … in recent years [the SC ACLU chapter] been hampered by ideological squabbling among its board members, staff leadership turnover, lackluster membership and fundraising numbers and a virtually nonexistent media presence. Aware of the problems for some time, the national ACLU board has decided to step in and try to right the ship. The decision made national news.”

The only comfort here is that with the national ACLU board “driving”, we may see a revitalized ACLU chapter in South Carolina, and greater resources being poured into the looming legal battles developing in the state. Over the years the ACLU has been an important resource for modern Pagans seeking redress against discriminatory or unconstitutional policies and practices. Without the ACLU, and similar organizations like Americans United and the FFRF, many of the seminal legal cases that have helped establish precedents and decisions favoring the growth and free exercise of modern Paganism in America may not have happened.

Of course modern Pagans and church-state separation organizations don’t always see eye to eye. In New York, the town board of Greece is defending its sectarian prayer policy by making the opening prayers inclusive of all faiths. This has allowed a local Wiccan to deliver a sectarian Pagan prayer before a recent board meeting.

“In just a few seconds’ time during the April Town Board meeting, Jennifer Zarpentine made Greece history. Zarpentine, a Wiccan, delivered the first-ever pagan prayer to open a meeting of the Greece Town Board. Her hands raised to the sky, she called upon Greek deities Athena and Apollo to ‘help the board make the right informed decisions for the benefit and greater good of the community.’ A small cadre of her friends and coven members in the audience chimed in ’so mote it be.’”

Americans United, who recently helped win the veteran Pentacle case, is suing the town board in order to force it to switch to nonsectarian prayer (or no prayer at all). A move Wiccan Jennifer Zarpentine disapproves of.

“Zarpentine said she was pleased by the opportunity to pray at the meeting. ‘I thought the invocation went well,’ she said. ‘The board was respectful;, they all bowed their heads.’ As far as the lawsuit goes, Zarpentine said the town isn’t being discriminatory. ‘They are including everybody,’ she said. ‘They asked me.’”

Which illustrates a point where there is some divergence between groups like the ACLU and modern Pagans. Most modern Pagans are fine with religious expression so long as there is full and consistent inclusion. While the AU, and similar organizations, take a harder line of enforcing nonsectarian or nothing.

“We’re glad to see that the (Town Board) is now cognizant of the diversity of the community, and it’s too bad it took a lawsuit to get them to see the light … While the Wiccan prayer will likely be more inclusive than prayers offered in the past, that doesn’t change that what we want is for the town to adopt a policy that prayer-givers offer nonsectarian prayers.”

Despite these differences, our faith groups have generally experienced a net gain in allying ourselves with church-state separation advocacy organizations. This will most likely continue until modern Pagan organizations gather sufficient fiscal and political power to form their own legal advocacy groups. Even then, I don’t foresee a day where Pagans will be unhappy with the ACLU or AU fighting to keep religion out of politics in America. A truly democratic and secular country is one where the religious minority doesn’t have to fear outright discrimination or persecution.

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Wiccans and Nonsectarian Prayer

The Winston-Salem Journal reports on a lawsuit between the American Civil Liberties Union of North Carolina (along with Americans United) and Forsyth County over their policy concerning prayer at county board meetings.

“The lawsuit challenges prayer practices at public meetings of the county board of commissioners. Commissioners invite various leaders to lead an opening invocation at their meetings twice a month. They do not dictate what speakers can and cannot say. In many cases, Christian leaders pray to Jesus or Jesus Christ.”

The article points out that two cases decided by the 4th Circuit Court of Appeals involving Wiccans and public prayer are crucial to understanding how this case will most likely resolve itself. The first was the Cynthia Simpson case, in which a Wiccan tried to obtain equal access to a rotating panel of religious leaders who gave sectarian prayers at local board of supervisors meetings.

“The Fourth Circuit says it’s constitutionally mandatory for a public school to give students proselytizing Christian flyers, yet it’s constitutionally okay for a local government to refuse to hear nondenominational prayers from denominations its board members dislike. In other words, potential discrimination against a Christian evangelical group is verboten, but outright and public discrimination against a Wiccan, offering up nondenominational prayers, is perfectly fine. Common sense dictates that these two decisions cannot be sustained simultaneously – especially if equality is a principle of value.” – Marci A. Hamilton, law professor and author of “God vs. the Gavel: Religion and the Rule of Law”

In that case Chesterfield County was able to “win” by changing the prayers from sectarian to nonsectarian during the litigation process. The 4th Circuit ruled that so long as the prayers remained nonsectarian the list of religious leaders was inclusive enough and did not have to include Simpson.

The second case involved Darla Wynne, a Wiccan who faced incredible persecution when she asked that city council prayers in Great Falls, South Carolina either include other non-Christian faiths or become nonsectarian.

“Now keep in mind, I am still going to the meetings and dealing with their nonsense over my bumper stickers. Then one day, I stop bowing my head and the council waits for me to bow my head. They point out that some people won’t participate in the prayer and of course, everyone turns to look at me and comments are made such as, ‘Satanist. If you don’t like things the way they are leave. We don’t want your kind here.’”Darla Wynne

In that instance the 4th Circuit ruled that prayers had to be nonsectarian. Great Falls tried to appeal that decision to the Supreme Court and lost, forcing the city to switch to nonsectarian prayer.

So it look very likely that Forsyth County will either have to become fully inclusive with their sectarian prayer (thus opening it to Wiccans or anyone else), or will have to switch to nonsectarian prayer. A legal situation that could only have happened because modern Pagans stood up for full religious equality under the law.

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