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The cultural negotiations concerning religious freedom in the public sphere are continuously peppering America’s daily socio-political dialog. As our country becomes more diverse, or more open about its diversity, with respect to religion, the violations or perceived violations of the “separation of church and state” become more numerous and more of a burden on any given population. Most recently legislative prayers were the focus of this debate. SCOTUS ruled and the dialog shifted.

[Public Domain Photo]

[Public Domain Photo]

However legislative prayer hasn’t been the only point of contention in the past month. While town meetings stole the spotlight for a time, the debate over religious expression within public schools has recently flared up in several states. Here are two issues brought to the forefront this summer.

Student Religious Liberty Act

In June, both North Carolina and Missouri adopted a student religious liberty act, similar to one already in place in Mississippi. According to the North Carolina legislature, its Senate Bill 370 is:

An act to clarify student rights to engage in prayer and religious activity in school, to create an administrative process for remedying complaints regarding exercise of those student rights, and to clarify religious activity for school personnel.

Missouri House Bill 1303, known as the Missouri “Student Religious Liberty Act,” has the similar aim. It states in part:

A public school district shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression. A school district shall treat a student’s voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student’s voluntary expression of a secular or other viewpoint on an otherwise permissible subject and shall not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

The two bills were hotly debated over a period of months. Regardless of any complaints, they were eventually passed and signed into law. On June 19, North Carolina Governor Pat McCrary signed SB 370 after a landslide victory in both the state House and Senate. Similarly, on June 30, the Missouri bill was passed with overwhelming legislative support and then signed by Governor Jay Nixon.

In both cases, the American Civil Liberties Union (ACLU) made the same protest statement:

Students’ rights to voluntarily express and practice their faith in the public schools are already well-protected by the First Amendment to the Constitution. Students already have the ability to pray and express religious viewpoints and attempts to statutorily protect those rights is unnecessary. (Press Statement May 6, 2014, ACLU – NC)

The ACLU contends that the additional law will only add confusion and potentially lead to “the excessive entanglement of school personnel in religious activity while ostracizing students of different beliefs.”

[Photo Credit: Flickr's Liz cc-lic]

[Photo Credit: Flickr's Liz cc-lic]

Byron Ballard, a North Carolina resident who has worked very closely with her local school districts on issues of religious freedom, agrees adding:

It will change things because it will embolden people to be even more belligerent than they already are. It will make the school day more difficult for teachers … This is an “open carry” prayer law. Certainly it applies to anyone who wants to pray, so there are Pagans in the state who are pleased to see it. But we are such a minority that this law will continue to serve the majority Protestant Christians in the way they have always been catered to in NC and elsewhere. It codifies the Protestant Christian privilege that is endemic in the public square.

Credits For Religious Education

On June 12, Ohio Governor John Kasich signed House Bill 171, an act that “permit[s] public school students to attend and receive credit for released time courses in religious instruction conducted off school property during regular school hours.” In a guest post on Cleveland.com, State Rep. Jeff McClain – R applauded the passage of the bill saying:

The Ohio legislature made great gains last week when it comes to protecting the moral and educational rights of our students … these types of programs have a positive impact on children. They help to create a constructive outlet where students can learn morals and manners in an educational environment. I would argue that it makes one a better student and certainly a more respectful one.

The ACLU of Ohio disagrees. In December 2013, they testified against the legislation, calling HB 171 “misguided.” They clarify that the law allows credit for “purely religious instruction, whether done via a private school, place of worship or other non-entity.” The complaint goes on to say, “A public school providing credit for purely religious teaching unquestionably violates [the First Amendment government neutrality] mandate … House Bill 171 is replete with practical and constitutional problems.”

In 2012, a similar statue brought legal action in South Carolina. In the case Moss v. Spartanburg Cty School District, the Freedom From Religion Foundation (FFRF) challenged the City of Spartanburg’s issuing of credit for religious education during “released time.” The case worked its way through the courts to the 4th Circuit U.S. Court of Appeals, which ruled in favor of the city issuing credits for religious instruction. In the summer of 2012, the Supreme Court refused to hear the case leaving the lower court’s ruling as final.

Ohio is now the second state behind South Carolina that will issue educational credits for religious classes attended off-campus during “released-time.”  While no-school funds can be used to support the religious instruction, the schools do have say on which external classes quality for credit. Could a Pagan or Heathen organization offer such education to its own children for school credit? As pointed out by the ACLU of Ohio, the potential for legal entanglements is very high.

This story begins in 2002. Cynthia Simpson, a Wiccan and member of a local Unitarian Universalist congregation in Virginia, approached the Chesterfield County Board of Supervisors to be included in a rotating lineup of local clergy who gave opening prayers/invocations at board meetings. Simpson was rebuffed by the County’s lawyer, saying that due to the “polytheistic, pre-Christian” nature of her faith they could not honor the request. So, starting in 2003, a lawsuit was filed.

Cynthia Simpson and Darla Wynne

Cynthia Simpson

“The Chesterfield County Board opens its meetings with an invocation given by invited local clergy whose names are drawn from an official list that the County maintains. Virtually all the clergy who have delivered invocations represent Christian denominations. The County denied our Wiccan plaintiff’s request to be added to the invocation list on the ground that Wicca is “neo-pagan and invokes polytheistic, pre-Christian deities,” and therefore it does not fall within “the Judeo-Christian tradition.” At the time of the denial, several of the county-board members made statements mocking the Wiccan faith. AU and the ACLU filed suit in federal court on December 4, 2002, alleging that disallowing non-Christian clergy from presenting invocations violates the Constitution. In November 2003, the district court held that the exclusion was unconstitutional. The defendants appealed to the U.S. Court of Appeals for the Fourth Circuit, and in 2004 AU and its cooperating attorneys briefed the appeal. Oral argument was held on February 3, 2005. Unfortunately, we drew a very conservative panel (Judges Niemeyer, Wilkinson, and Williams) that, on April 14, 2005, issued a unanimous decision on the defendants’ behalf. The court reasoned that Marsh v. Chambers permits municipalities to limit prayer-givers to the Judeo-Christian tradition. We filed a petition for rehearing on April 26, 2005, but it was denied shortly thereafter. We filed a petition for certiorari on August 8, 2005, but it was denied on October 10, 2005, thereby concluding the case.”

Simpson’s case, and the Darla Wynne case (also a Wiccan), would go on to help advocates of public government prayer craft policies that ensured things stayed in comfortable Judeo-Christian territory so long as the prayers were not sectarian in nature. This “Christian only, so long as you don’t say ‘Jesus’” status quo (or the “Wiccan-proof policy” as I liked to call it) endured until the Supreme Court ruled in the case of Town of Greece v. Galloway.

Supreme Court. Image: Wikimedia Commons.

Supreme Court. Image: Wikimedia Commons.

“In essence the Court ruled that Greece’s prayer program was non-coercive and fully reflective of American historical tradition and the town’s own cultural heritage. If a legislative body employs sectarian prayer to “lend gravity” to its proceedings and does so in a way that is non-threatening, then religious prayer before a governmental meeting does not violate the Establishment Clause.”

While the SCOTUS ruling opens the door for sectarian prayers, it also notes that having a policy of full inclusion is constitutionally vital in such circumstances.

“Justice Kennedy writes the majority opinion for five Justices.  He concludes that the prayers are constitutional, because they aren’t overly sectarian or overly coercive.  It’s enough that the Town of Greece opened the prayer opportunity up to everyone, and allowed anyone to say anything.  It doesn’t matter that the prayers ended up being overwhelmingly Christian in tone and in number — that wasn’t the Town’s fault.  And it doesn’t matter that citizens attending these meetings may have felt pressure to pray — they had no solid reason to feel any such pressure.”

So the SCOTUS case that involved a sectarian Wiccan prayer, built on lower court decisions that involved Wiccan prayers, now comes full circle and returns to Chesterfield County.

ACLUVA_logo1“The American Civil Liberties Union and Americans United for Separation of Church and State sent county leaders a letter Thursday stating that the county’s policy must be changed to allow any person from any faith to pray before public meetings for the county to comply with the First Amendment. The county will consult with its attorney on that particular point, but County Administrator James J.L. “Jay” Stegmaier acknowledged that another portion of the policy prohibiting prayers specifically praising or opposing one religion appears at odds with the Supreme Court’s new guidance. In a shift from its previous guidance that prayers be generic, Justice Anthony Kennedy wrote in the Supreme Court’s decision that local governments ‘cannot require chaplains to redact the religious content from their message to make it acceptable for the public sphere.’”

You can read the full letter from the ACLU and AU here.

So here is where the rubber hits the road on the Supreme Court’s prayer idealism. The notion that sectarianism within a government context is OK so long as it’s an open sectarianism. Can the court enforce a truly inclusive model, or will it fail on the local level as politicians and Christian activists scramble to find some way of enforcing a Christians-only policy? Will we finally see Cynthia Simpson give a Wiccan prayer in Chesterfield County, and if we do, does that mean that we’ve won a victory? Will inclusion bring acceptance and understanding, or will its symbolism only reverberate within our interconnected communities? Whatever happens, it looks like we might find out.

Here are some updates on stories previously mentioned or reported on at The Wild Hunt.

Hollicrop-589x1024At Patheos, Holli Emore, Executive Director of Cherry Hill Seminary, writes about her meeting with South Carolina Governor Nikki Haley, as part of an interfaith proclamation that was issued for the month of January. Quote: “I don’t support Haley politically. But that is not the point; politics is not what brought us together on this occasion. Once elected, Haley became my governor, and I am deeply grateful for her support of interfaith work. To our knowledge, South Carolina is the only state in the U.S. to acknowledge the importance of religious plurality and issue a formal proclamation. Haley may understand, better than any other governor in the nation, that nurturing diversity will strengthen us, not just spiritually, but also economically and in the public sector.” Last month, Wild Hunt staff writer Heather Greene wrote about Gov. Haley’s proclamation, and the role Emore (as a Pagan) has played in South Carolina’s interfaith community.

marianne-williamson-smilingBack in December I noted the Congressional candidacy of New Age superstar Marianne Williamson, author of the immensely popular self-help book “A Return to Love.” Now, the Religion News Service has a piece up about her “prayerful” bid for political office. Quote: “With about four months before primary elections, Williamson is seeking to tap into widespread discontent and disillusionment and apply her own brand of well-packaged, transformational wisdom to stoke ‘a people’s movement. It’s the people who have to intervene, because the political status quo is part of what has taken us to where we are,’ Williamson said in an interview this week, highlighting corporate money as a primary cause for the present state of affairs. ‘It’s an all-hands-on-deck moment.’ Williamson launched her campaign in October. She wants to end the status quo of capitulation to corporate money in politics and encourage an engaged, loving electorate.” With the recent retirement announcement of Democrat Henry Waxman, who currently holds the contested California seat, what was once a long-shot now seems somewhat more likely.

religion-50-year-change-Figure2We talk a lot about the “nones” here at The Wild Hunt, those folks who refuse to be pinned with a religious label, and who have experienced rapid growth in recent years. The ongoing question is: what will their ascent mean for our society and how we conceive religion’s role in it? Americans United points to some new data from Baylor University researchers, which shows the United States becoming more religiously diverse, including the rise of “nones” and “others.” Quote: “The proportion of Americans who identify with “Other” religious traditions has doubled, an increase that is closely tied to the increased immigration of Asian populations who brought non-western religions (e.g. Buddhism, Hinduism, Islam) with them. While still a small proportion of the overall population, they contribute greatly to the increased religious diversity of the American religious landscape. In 20 states, scattered in the Midwest and South, Islam is the largest non-Christian religion. Judaism is the largest non-Christian religion in 15 states, mostly in the Northeast, and Buddhism is the largest religion in 13 western states. In Delaware and Arizona, Hinduism is the largest non-Christian religion, while in South Carolina it is the Baha’i.”

blog-jesusinschool-500x280_1At the end of January, I profiled how a Buddhist student was harassed by the Christian majority at a public school district in Louisiana, prompting litigation from the ACLU. Since then, the story has exploded across the Internet. Now, prominent culture blog Boing Boing points to an ACLU-penned petition to Attorney General Eric Holder, asking for a federal investigation. Quote: “No child should be subjected to the type of humiliation that our son has endured. The Department of Justice has the power to end this unlawful religious discrimination at schools in Sabine Parish and set an example for the rest of Louisiana— but we have to make sure they take the case. Please join us in calling on the Department of Justice to launch an immediate investigation into this unlawful religious discrimination so that no other child has to go through the harassment that our son has endured.” We will keep you updated as this story develops.

President Obama at the 2012 National Prayer Breakfast.This past Thursday was the National Prayer Breakfast, for those who missed it (that would include me). You can read President Obama’s full remarks, here. Quote: “Now, here, as Americans, we affirm the freedoms endowed by our Creator, among them freedom of religion.  And, yes, this freedom safeguards religion, allowing us to flourish as one of the most religious countries on Earth, but it works the other way, too — because religion strengthens America.  Brave men and women of faith have challenged our conscience and brought us closer to our founding ideals, from the abolition of slavery to civil rights, workers’ rights.” As I’ve pointed out in the past, despite the bipartisan good-naturedness and calls for religious freedom, the National Prayer Breakfast has deeply problematic elements for anyone who isn’t a Christian. Activist groups have called on politicians, to seemingly no avail, to boycott this event. At least the existence of gays and non-believers was invoked this year. Maybe we’ll actually get to a point where it’s robustly interfaith too.

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

For culturally conservative Christians in the United States a familiar topic of discussion is how the Supreme Court “took God out of school” and the subsequent moral/intellectual decline landmark decisions like Engel v. Vitale had engendered in American society. For decades, activists have been trying to erode legal barriers in government-funded learning institutions, hoping for a return to Protestant Christian moral hegemony in the classroom. These efforts are almost always couched in terms of “freedom,” but time and again when conservative Christians do gain unchallenged control over a school district the result isn’t freedom, but harassment and bullying of any who don’t toe their line. Such is the case at Sabine Parish School Board in Louisiana.

Screen Shot 2014-01-23 at 11.36.06 AM

“When my stepson, who has been raised a Buddhist, enrolled in the sixth grade at our local school, Negreet High, it became personal, and I could no longer turn a blind eye to the very real harms that occur when school officials violate the separation of church and state. My stepson started at Negreet in the same class as one of my children. By the end of the first week of school, he was having serious stomach issues and anxiety. We couldn’t figure out why. In the mornings, my wife would pull over on the side of the road as they approached school so he could throw up. At first, we thought he was sick and we let him stay home. Soon it became apparent that this was not a cold, but something much worse. Our children informed us that their teacher had been chastising and bullying my stepson for his Buddhist beliefs.”

Yes, as a new federal lawsuit filed by the ACLU alleges, the stepson of Scott Lane was singled out by teachers, and bullied for the crime of not being Christian in a Christian dominated area.

download“The lawsuit said Roark has ‘repeatedly taught students that the earth was created by God 6,000 years ago, that evolution is ‘impossible’ and that the Bible is ’100 percent true.’ She also regularly features religious questions on her tests such as “Isn’t it amazing what the ______ has made!!!!’ When the Lanes’ son ‘did not write in Roark’s expected answer (LORD), she belittled him in front of the rest of the class.’ While studying other religions, she also has told students that Buddhism is ‘stupid,’ the lawsuit said.”

You see, religious freedom, for many of these Christian activists, means freedom to be Christian. In an editorial for the ACLU, Lane lists some of the ways the Christian-dominated staff threw their weight around, including distributing anti-Pagan/occult propaganda.

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“When we went to the school to meet with the principal, we saw a large picture of Jesus over the school’s main doors, a Bible verse on the school’s electronic marquee, and numerous religious posters and pictures on the walls. Religious images and messages are displayed throughout the school, in fact. - We learned from our children that official prayers, typically led by the principal or teachers, are routinely incorporated into class and school events like assemblies, and sporting events. The school even requires students to attend “See You at the Pole” each year, where they must take part in prayer and worship. - We discovered that school officials were distributing religious literature to students. For example, one of our other son’s teachers passed out copies of a book from the “Truth For Youth” program, a revivalist ministry. The book included the entire New Testament of the Bible as well as cartoons that denounce evolution and trumpet the evils of birth control, premarital sex, rock music, alcohol, pornography, homosexuality, sorcery, and witchcraft.”

The complaint, which can be seen here, came only after speaking to the Superintendent, being told that maybe another school with “more asians” would suit them, and finding that even that school regularly promoted Christianity.

“My wife and I were floored. I tried to point out that the “Bible Belt” was not a separate country and that we were still entitled to religious liberty as guaranteed by the Constitution. She would have none of it, however. She asked whether my stepson had to be raised as a Buddhist and even suggested that he “change” his faith to better fit in. To add insult to injury, the next day, the Superintendent sent a letter to Negreet’s principal, which he read to students over the intercom. The letter thanked Negreet’s teachers and principal for maintaining their religious values and influence in the school.”

Some of my evangelical Christian friends decry the idea of a “naked” public square devoid of faith, endorsing instead an inclusive model that would allow all faiths to share their beliefs in an open and safe manner. To that, I can only answer that such a policy would never work so long as demographic dominance allows “quiet” power to stifle all dissent and diversity. These Christian believers, left to their own devices, do not grow a pluralistic, multi-faith, shared utopia. Instead, non-Christians are routinely silenced, harassed, and forced into closets (or worse, forced into lying about their own belief systems). When non-Christians dare to assert rights they are supposed to have in these settings, the result is often shock, outrage, and attack. Meanwhile, Christian activists claim the mantle of oppression for any limitations put on them in the public square, ignoring their treatment of non-Christians where they dominate.

The saddest thing is that this case does not exist in isolation. Conservative Christian dominated areas are continually pushing for a “freedom” that means coercive proselytization and harassment of outsiders.  They don’t seem to understand that making public government-funded school events happen at sectarian churches is alienating. They truly don’t get it, or if they do, don’t care. If this case does anything, I hope it can smash open the hypocrisy and silence over what Christians call religious freedom, and what that would actually look like if minorities weren’t forced to file lawsuits in order to get a harassment-free education.

The U.S. Supreme Court’s upcoming ruling in Town of Greece v. Galloway could have far-reaching affects on prayers and invocations made before government and state-sponsored events. At its heart is the question of government endorsement of a particular faith, and whether sectarian prayers overwhelmingly weighted towards one faith can be made so long as a fig-leaf of neutrality is maintained in written policy. I have written about this case before, and how modern Pagans have been deeply intertwined with the development of the “model invocation policy” being challenged and with this case itself.

“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.’”

Senator Marco Rubio

Senator Marco Rubio

Now, with the case on the Supreme Court docket, “friend of the court” briefings have been trickling in, most notably from a bi-partisan group of United States Senators (over 30 Republicans and one Democrat), and from a coalition of states lead by the Attorney Generals of Indiana and Texas. The first, spearheaded by Marco Rubio, seems to argue that the Supreme Court upholding (or expanding on) the Court of Appeals verdict in this case could eliminate the Establishment Clause carve-out for a paid government chaplains (as established in Marsh v. Chambers).

“This Court should eliminate the uncertainty and affirm the strong constitutional footing on which legislative prayer stands. In a nation of broad religious diversity, the best means of ensuring that the government does not prefer any particular religious view in the context of legislative prayer is to allow all those who pray to do so in accordance with their own consciences and in the language of their own faiths.”

In essence, Rubio and the other senators are playing the religious freedom card, hand-waving away the fact that Greece’s “neutral” policy “virtually ensured a Christian viewpoint” according to the appeals court judges. However, even more problematic is the brief submitted by 23 states, which not only argues that sectarian prayers before government meetings to be upheld, but raises the bar in terms of challenging prayer policies.

“The amici States urge the Court to re-affirm the central holding of Marsh v. Chambers, 463 U.S. 783, 792 (1983), that legislative prayers are permissible as “simply a tolerable acknowledgment of beliefs widely held among the people of this country,” and to disclaim any role for the so-called endorsement test when it comes to analyzing legislative prayer practices. The Court should also consider using this case as an opportunity to clarify Establishment Clause doctrine more generally by requiring a showing of religious coercion as a touchstone for proving any type of unlawful religious establishment.

In other words, government-sponsored prayers should not only have an Establishment Clause carve-out, individuals should have to prove “religious coercion” in order to bring an establishment of religion challenge against a government body. Such a high bar would throw current precedent on Establishment Clause challenges into chaos. It would also mean that rather famous cases involving Pagans, like Darla Kaye Wynne’s successful struggle against the town of Great Falls, South Carolina, would most likely have been thrown out. Because how, exactly, does a religious minority prove coercion in a town dominated by Christians set on praising Christ before every function?

Justice Brennan

Justice Brennan

Marsh v. Chambers, a SCOTUS decision which both the States and Rubio’s coalition places front-and-center in their amicus briefs to argue the Establishment Clause does not apply to government-sponsored prayer, featured a telling dissent by Justice William J. Brennan and Justice Thurgood Marshall that spoke directly to the question of coercion.

“The “primary effect” of legislative prayer is also clearly religious. As we said in the context of officially sponsored prayers in the public schools, “prescribing a particular form of religious worship,” even if the individuals involved have the choice not to participate, places “indirect coercive pressure upon religious minorities to conform to the prevailing officially approved religion. . . .” Engel v. Vitale, 370 U.S. 421, 431 (1962). More importantly, invocations in Nebraska’s legislative halls explicitly link religious belief and observance to the power and prestige of the State.

In short, the coercion is already happening, but it is being ignored in the name of tradition. These State Attorney Generals, and Senators, and conservative Christian organizations like the Family Research Council, and the Liberty Institute want desperately for that coercion to continue, and indeed, for it to be trumpeted as “freedom.”

“Courts that impose religious “neutrality” categorically exclude certain religions that require the use of those prohibited terms and violate the mandate of the Establishment Clause that all persons be treated equally by the government, regardless of religious creed.”

In short, making Christians not say “Jesus” before government assemblies and functions hinders their freedom. Somehow.

As I’ve noted before, the outcome of this verdict will likely decide the fate of opening invocations before government meetings. Will the “model invocation policy” used by Greece (and several other towns) be allowed to stand? If so, we can look forward to a huge groundswell of sectarian Christian prayer being instituted across large chunks of the United States. After all, this model policy clearly states that public bodies are “not required to extend any extraordinary efforts to include particular minority faiths” and  “no apology is necessary for the demographics of the community that the public body serves.” This could be a chilling roll-back of advances by religious minorities, and those who hold no religious affiliation at all.

Rev. Kevin Kisler prays prior to the start of a Greece, N.Y., Town Board meeting in 2008. Photo: Rochester Democrat and Chronicle

Rev. Kevin Kisler prays prior to the start of a Greece, N.Y., Town Board meeting in 2008. Photo: Rochester Democrat and Chronicle

I’m hoping that the Supreme Court is prudent here, and commits no drastic change to our understandings of the Establishment Clause, though I’m less optimistic since their Voting Rights Act decision. Recent rulings in the 2nd and 4th Courts of Appeals should be respected, and their understanding of how invocations slanted towards the largest demographic can create the appearance of establishment (and coercion) listened to. The current Supreme Court is made up of Roman Catholics and Jews, two religions that once fought very hard against the unthinking privilege of the Protestant Christian majority. Now, there is a chance to make the United States a truly pluralistic nation, not one that claims to be pluralistic, but looks the other way in the name of tradition.

Whatever happens, modern Pagans, and all religious minorities, should pay very close attention to Town of Greece v. Galloway.

Before I begin this week’s topic, I would like to acknowledge that today is Father’s Day.  As with Motherhood, becoming a father is transformative and the beginning of a life-long journey.  A very happy Father’s Day to all that walk that path offering a piece of themselves to the next generation.

Courtesy of Flickr's fruity monkey

Courtesy of Flickr’s fruity monkey

Now back to our regularly scheduled program….

Tomorrow is the 50th Anniversary of the SCOTUS ruling on the Abington School District, Pennsylvania vs.Schempp case.  What’s that?  This 1963 Supreme Court case is considered to be a major historical marker in the on-going struggle to affirm religious equality within American public schools. The Schempp ruling was an indicator of a coming cultural revolution and an acknowledgement of America’s diverse religious tapestry.

In 1956 Ellery Schempp, a 16-year-old student at Abington High School, became increasingly frustrated with the school and state policy that required students to read daily Bible passages in home room.  Ellery and his family were Unitarian Universalists and minorities in their Pennsylvania community.  The Bible readings conflicted with their personal religious beliefs.

Ellery Schempp

Ellery Schempp

One day in protest Ellery stood up and read from the Qur’an.  He was immediately sent to the Principal’s office and disciplined. But the story doesn’t end there.  With the help of his father and the ACLU of Pennsylvania (then Philadelphia), Ellery sued the Abington school district. The case worked its way up through the courts.  It was eventually merged with another similar and more famous case involving the controversial Madalyn Murray O’Hair, an Atheist activist and founder of American Atheists.

Finally, the Schempp case reached the Supreme Court of the United States (SCOTUS).  On June 17, 1963 the Court declared it unconstitutional for public schools to require mandatory Bible recitation and other similar religious activities:

Because of the prohibition of the First Amendment against the enactment by Congress of any law “respecting an establishment of religion,” which is made applicable to the States by the Fourteenth Amendment, no state law or school board may require that passages from the Bible be read or that the Lord’s Prayer be recited in the public schools of a State at the beginning of each school day — even if individual students may be excused from attending or participating in such exercises upon written request of their parents. (from Cornell Law School)

Pennsylvania and several other states had to immediately “scrap” the laws that mandated student participation in religious recitation activities.

The Schempp case set a legal and cultural precedent that upended the widely-accepted place of religion in public education. But it was not the first case of its kind. In an interview with Americans United for the Separation of Church and State, First Amendment Scholar Steven K. Green said:

…as we mark the anniversary of these seminal decisions, we should acknowledge that they were not cases of first instance; rather, they built on a long-developing body of jurisprudence that was affirming the centrality of religious equality and church-state separation to our nation’s democratic system. 

In the brief interview, Green discusses America’s historical battle for religious equality within public education. The earliest cases were brought to trial by Catholics who didn’t want their children reading Protestant-based Bible passages or prayers.  In 1869, Ohio became the very first state to officially declare unconstitutional the practice of forced Bible recitation in public schools.

As the American population became more religiously diverse, the issue evolved beyond a Catholic- Protestant polarity. The Schempp case exposed the reality of religious diversity in the United States and opened up a new dialog concerning the separation of church and state.  And it did so as the country began to experience a dramatic social change.

Abington To Appeal Newspaper

Since the 1963 ruling there have been countless protests, backlash and legal maneuvers on all levels to bring school-sponsored prayer back into the classroom.  In the early 1980s former President Ronald Reagan proposed a new constitutional amendment that would officially allow voluntary public school prayer.  It failed to pass. Green says:

So long as lawmakers believe they can gain mileage by manipulating the school prayer issue, then there will be no end to prayer and Bible reading proposals. These efforts are cynical as they play on fears and misperceptions among religious conservatives about the Supreme Court’s holdings. Students enjoy many freedoms of religious expression in schools, but enforced religiosity is not a cure for society’s ills.

Here at The Wild Hunt we have and will continue to report on any such school cases that directly involve Pagans and Heathens (e.g. the Buncombe County situation in 2012).  However, all such cases are pertinent to all parents with school-age kids.  Legislative policies affect every child – not just the one whose parents spoke up.  What is going on in my school district?  What are my state’s policies on religion in public school?  Rev. Selena Fox, co-founder of Lady Liberty League, once said, “Having liberty and justice for all in this country may be in the Pledge of Allegiance, but it is not an automatic reality.”

Here are three very recent related cases:

  1. On June 1st in Liberty, South Carolina, Roy Costner IV paused his prepared and approved high school valedictorian speech to recite The Lord’s Prayer.  He told the media that “This is what God wanted me to do.” The event was not school-sponsored. Therefore no disciplinary action is being taken against Roy or the school.
  2. On June 13th Texas Governor Rick Perry signed into law the so-called “Merry Christmas” Bill (H.B. 308).  It protects the free expression of religion, through symbols or holiday greetings, regardless of faith within public school settings. To date the new law has provoked little opposition.  The ACLU of Texas has declined to comment.
  3. On June 13th Americans United attorneys sent a letter to an Ohio school district warning them to keep creationism out of the school system. The Springboro district has planned to introduce controversial subjects such as global warming, gun rights, pro-life vs. abortion, and creationism vs. evolution.  Rev. Barry W. Lynn, executive director of Americans United said, “Any public school contemplating teaching creationism might as well just hang up a giant banner that reads “Sue Us Now.”

There are many challenges out there and many that have yet to be addressed. Is it constitutional for religious organizations to hold services in school buildings on the weekends?  What about school vouchers and the wording of the “Pledge of Allegiance”?  Can religious clubs advertise and hold functions during school operating hours?  Is it possible to teach religion historically in a secular format without crossing the constitutional line? These are some of the questions that pop up time after time.

As a way of honoring the 1963 SCOTUS decision, Pennsylvania’s legislature has declared June “Public School Religious Freedom Month.”  While you go about your day tomorrow, take a moment to reflect on religious freedom in public education and the importance of the Establishment Clause in your own life.

Photo Courtesy of Flickr's  mksfly

Photo Courtesy of Flickr’s mksfly

The Schempp ruling paved the way for Pagans and Heathens to be able speak out and protect the rights of their growing children. It allowed for the birth and growth of groups like the Lady Liberty League who use their resources to protect the religious freedoms of Pagan children within the public school systems.  Today our children are not forced to read The Lord’s Prayer.  But perhaps more importantly, we can readily recognize the problem when and if it occurs and we have the language and backing of SCOTUS when we say “That’s wrong.”

The United States Supreme Court has agreed to hear a case stemming from sectarian prayers before local government meetings in Greece, New York. At the heart of the case is the question of if a policy regarding invocations can be pluralistic and inclusive in letter, but not in spirit.

Rev. Kevin Kisler prays prior to the start of a Greece, N.Y., Town Board meeting in 2008. Photo: Rochester Democrat and Chronicle

Rev. Kevin Kisler prays prior to the start of a Greece, N.Y., Town Board meeting in 2008. Photo: Rochester Democrat and Chronicle

“Town officials said that members of all faiths, and atheists, were welcome to give the opening prayer. In practice, the federal appeals court in New York said, almost all of the chaplains were Christian. [...] Two town residents sued, saying the prayers ran afoul of the First Amendment’s prohibition of the government establishment of religion. The appeals court agreed. “The town’s prayer practice must be viewed as an endorsement of a particular religious viewpoint,” Judge Calabresi wrote.”

This is a very big deal. One that strikes to the very heart of a “model invocation policy” peddled by conservative Christian legal advocacy group Alliance Defending Freedom (ADF – formerly known as the Alliance Defense Fund). The thesis is that sectarian prayers (rather than the “ceremonial deism” that permeates many government bodies) are constitutional so long as the written policy is inclusive of all faiths. However, they calm nervous Christian government officials worried about an influx of religious minorities by noting that no special efforts to be inclusive are necessary.

“If a public body implements a legitimately neutral policy and procedure to invite local clergy from established congregations in its community to offer an opening invocation, that public body is not required to extend any extraordinary efforts to include particular minority faiths. In other words, no apology is necessary for the demographics of the community that the public body serves.”

In short, opening invocations can overwhelmingly reference Jesus Christ, and they can send invitations only to “established congregations” (ie brick-and-mortar churches) so long as they include a religious minority who inquires/complains. Something I’ve dubbed the “include a Wiccan gambit,” which is exactly what Greece, New York did.

“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.’”

For a time, this gambit seemed to work in the lower courts. Then, the 4th Circuit Court of Appeals and the 2nd Circuit Court of Appeals both handed down rulings that called into question whether this invocation tokenism could really offset a regular schedule of Christian prayer.

“We conclude, on the record before us, that the town’s prayer practice must be viewed as an endorsement of a particular religious viewpoint. This conclusion is supported by several considerations, including the prayer-giver selection process, the content of the prayers, and the contextual actions (and inactions) of prayer-givers and town officials. We emphasize that, in reaching this conclusion, we do not rely on any single aspect of the town’s prayer practice, but rather on the totality of the circumstances present in this case.

The town’s process for selecting prayer-givers virtually ensured a Christian viewpoint. Christian clergy delivered each and every one of the prayers for the first nine years of the town’s prayer practice, and nearly all of the prayers thereafter. In the town’s view, the preponderance of Christian clergy was the result of a random selection process. The randomness of the process, however, was limited by the town’s practice of inviting clergy almost exclusively from places of worship located within the town’s borders. The town fails to recognize that its residents may hold religious beliefs that are not represented by a place of worship within the town. Such residents may be members of congregations in nearby towns or, indeed, may not be affiliated with any congregation. The town is not a community of religious institutions, but of individual residents, and, at the least, it must serve those residents without favor or disfavor to any creed or belief.”

Cynthia Simpson and Darla Wynne

Cynthia Simpson and Darla Wynne

These cases, and the “model invocation policy” itself, are haunted by the involvement and activism of modern Pagans. It isn’t just that Greece included a Wiccan sectarian prayer among thousands of Christian prayers. The ADF’s policy blueprint was partially constructed around two 4th Circuit cases involving public prayers and modern Pagans: Simpson v. Chesterfield County, the case that helped create the so-called “Wiccan-proof” invocation policy, and the Darla Wynne case, in which a Wiccan from South Carolina won a battle against sectarian government prayer. These two cases helped set the precedents that advocates of sectarian prayer have been navigating through, and their efforts at mob-rule prayer sectarianism will finally be tested by America’s highest court.

How will the court decide? It’s hard to say. SCOTUS took a pass on considering the similar 4th Circuit decision, letting their decision stand, but they may have simply been waiting for a case that would suit the Court’s needs better. For the most part, the modern Supreme Court doesn’t like to corner itself into making sweeping decisions, and it could be that the justices see a needle-threading solution to the issue at hand. Then again, we could be in for another “ministerial exception” moment where broad new freedoms are outlined and defined. At this point it’s anyone’s guess, but I’m sure advocates on both sides of this issue are readying themselves for a fight that could shape invocation policy for a generation.

 

On April 22 and 23rd Hugoton Public Schools of south-western Kansas sponsored an in-school assembly called “Dinsosaur Lyceum.”  Designed for middle and high school students, the hour long assembly offered a detailed introduction to Paleontology and Earth Science complete with a mobile museum containing dinosaur skeletons, fossils and other pertinent replicas. On the surface the concept is excellent especially when you consider that rural Hugoton is a 3 hour drive from the nearest natural history museum.

D3-Public-Auditorium

However, there is one big problem. The program was developed and hosted by The Creation Truth Foundation (CTF), an organization whose purpose is to help bring about “a return to all of realities of Biblical Creation” through education.  According to its mission statement, the non-profit’s goal is to combat what founder Dr. Thomas Sharp repeatedly labels a growing “paganistic” lifestyle in America.  “The West has become Pagan,” he warns, using the term pagan as a synonym for secular.  Together with his colleagues, Dr. Sharp has produced “a host of support materials and services to aid your delivery of a sound science curriculum based in Biblical Creation.”

A week prior to the Hugoton assemblies, the ACLU of Kansas and Western Missouri received a complaint from a concerned Hugoton citizen whose identity has never been publicly revealed. Shortly after, the ACLU’s Legal Director Doug Bonney and Attorney Heather Weaver sent a letter to Superintendent Mark Crawford calling for the immediate cancellation of CTF program.

Based on the review of the website of the Creation Truth Foundation, the ACLU is concerned that these mandatory school assemblies will spread creationism to the Hugoton Public Schools in violation of the Establishment Clause of the First Amendment of the Unites States Constitution…

We respectfully request that the District take immediate and concrete steps to remedy these problems.  The first step would be to cancel the planned mandatory school assemblies now set for next week.

Despite the ACLU’s strongly worded request, the Board did not cancel the assemblies. CTF arrived in Hugoton that weekend, made some local Church appearances and set up its mobile museum.  On Monday and Tuesday, CTF ran the school assemblies in the morning, and then in the evening opened the auditorium up for public presentations.

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Superintendent Mark Crawford
Hugoton Public Schools

It appears that Superintendant Crawford was undaunted by the ACLU’s threat.  In fact, he fired back telling the Topeka-Capital Journal that, “he had a duty to show his students ‘how to handle a bully.” He also corrected the ACLU saying that the events were not mandatory but not one student or faculty opted out.

The Hugoton controversy has attracted a good-deal of media coverage much to the displeasure of the School Board. Crawford insists that the Board has nothing to hide.  He explains that CTF’s presenter, Matt Miles  was instructed to avoid mention of “creationism or any topics related to the age of the Earth or the Bible, according to district officials”  and has signed a memorandum as such. However, he did confirm that the public evening programs would indeed have Biblically-based content.

Despite his confidence, Crawford refused to allow any non-school personnel into the school day assemblies to verify his account.  As a result, the ACLU remains unconvinced.  Bonney stated, “The opportunity for a constitutional violation is too high because their whole evangelical reason for being is to promote Biblical creationism.”  Now, the ACLU is requesting all communication, documents and CTF materials in order to assess the legality of the situation.  Did the school system violate the Constitution?  The ACLU wrote:

Even if Miles never overtly mentions the Bible or creationism…public schools are not permitted to present students with false information, which the legitimate scientific community has universally rejected, as part of an anti-evolution, pro-creationist effort.

Matt Miles Creation Truth Foundation

Matt Miles
Creation Truth Foundation

Can a Christian missionary – a passionate believer in and teacher of creationism – lecture public school students on dinosaurs without crossing the line?  Yes, it is possible for someone to keep from spewing religious rhetoric in inappropriate situations. I can talk about herbs, for example, without discussing their magickal properties.  However, it is not my personal mission, nor the mission of my employers to teach about herbs. So the question remains: did Matt Miles, a man whose life and career are focused on the promotion of creationism, censor himself?

To date, Hugoton’s Superintendent has done an impeccable job of holding his position with the public.  However, he did make one statement that feeds the cynically-minded.  Of the school assemblies, Crawford remarked,  “… parents and citizens here in this community want their children to also be curious about other viewpoints of creation and origin.”  Did the assembly mention these other viewpoints?

Hugoton is a small close-knit rural town. After scanning online comments from locals, I do believe that Crawford has strong community support.  CTF Pastor Matt Miles himself was in fact a resident of the city at one time. However, whether or not Hugoton citizens believe in creationism is not the point.  The teaching of any Biblical-based concepts violates the establishment clause of the U.S. Constitution. While CTF is perfectly within its right to share its material, its fantastic mobile museum, and its beliefs within the private sector, the organization cannot do so in the public schools.

hugotonschoolFortunately for Kansas and similar states who have been struggling with this issue for decades, America’s public education curriculum is undergoing a national change.  Over the last few years, an organization made up of educators and administrators has created something called the “Common Core Standards. (CCS).”  The goal is to strengthen American education by developing consistency across the country in the basic disciplines of language and math.  Its popularity has led to several independent organizations creating additional “tack on” programs for science, art and world languages.  Individual states can elect to adopt the programs.  To date, Kansas is one of the 45 states* that has indeed adopted the CCC as well as the science program, which, incidentally, teaches evolution and not intelligent design.

I’m personally undecided as to the overall merits of the CCS from an educational standpoint. However, such a program does shift the center of accountability. As such, the new national standards may help to curtail the attempts of these radicals to push religion into the public schools under the pretense of science. CCS won’t stop the extra-curricular activities like the Creation Truth Foundations assemblies.  But it may make it easier for a wolf to be called a wolf no matter what clothes he is wearing.

lt is important for Pagan parents or anyone who supports religious equality in the schools to remain vigilant and to be aware of these smaller religious freedom cases.  I will be watching as the Hugoton situation plays out.

*The five states that have not adopted the CCS are Texas, Alaska, Minnesota, Virginia, and Nebraska.

It is official. This July Kentucky’s brand new Religious Freedom Restoration Act (RFRA) will go into effect. The state’s legislature put its final stamp of approval on the bill when it overturned, by a wide margin, Governor Steve Beshear’s veto on March 26th.

Originally called House Bill 279 (HB279), Kentucky’s RFRA states:

Government shall not substantially burden a person’s freedom of religion. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be substantially burdened unless the government proves by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A “burden” shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities. – Kentucky HB279 Draft as of 4-4-2013

At first glance this sounds great. The state of Kentucky cannot “burden” a person’s freedom to practice his or her religion or limit the right to act or to refuse to act due to “sincerely held religious beliefs.” Pagan children can miss school on Samhain. If one’s jury duty falls on Beltane, we can ask to be excused.

amish buggy

By Amy Sancetta, AP
Source: USA Today

Before everyone packs their bags and moves to Kentucky, let’s take a closer look. State Rep. Bob Damron, a conservative democrat from Nicholasville, sponsored HB279 after the Kentucky Supreme Court upheld a ruling concerning the Amish community. In 2008, nine Amish men were arrested after refusing to comply with a state law requiring reflective orange triangles on their buggies.

The local chapter of the ACLU defended these men stating that, “This case is about the right of Kentuckians to freely exercise their religious beliefs and by necessity the limits of government’s ability to impose a substantial burden on that right.”

However, when HB279 was brought before the legislature, the ACLU didn’t support it. On March 11, the organization stated, “though laudable in its purpose, the bill as currently drafted, would undermine existing civil rights protections in the Commonwealth.”

GovBeshear_5x7Governor Steve Beshear’s agreed. Upon vetoing the bill, he stated:

I appreciate the good intentions of House Bill 279… However, I have significant concerns that this bill will cause serious unintentional consequences that could threaten public safety, health care, and individuals’ civil rights… The bill will undoubtedly lead to costly litigation. 

HB279’s opponents fear that its language provides residents with the legal power to disregard state laws in the name of religion. Governor Beshears said, “Imprecise legal standards lead to unforeseen consequences.” He cites various areas where problems could arise including: civil rights, school curriculum standards, economic development efforts, public health initiatives and drug enforcement. For example, a science teacher might refuse to teach evolution or choose to teach creationism. Prayer could enter government meetings. The implications are endless.

Local Kentucky Priestess Nancie Clark of Spirit of the Earth Church said:

This law is deeply concerning to me on multiple levels and I am certain it is more than likely being pushed by those with their own religious agendas… I can foresee many fellow Kentuckian’s personal liberties being chipped away in subtle ways throughout pockets of this state. What saddens me is that many people here may not be aware of just how this law will affect them until of course something happens to them or someone they love.  

Oberon Osiris, co-Public Information Officer of Covenant of the Goddess’ Midwest Regional Local Council, echoed those sentiments adding “For Pagans and other minority religions, this law could create strained relationships and conflicts in the overall community.”

Priestess Nancie Clark

Priestess Nancie Clark

Specifically, opponents, like Priestess Clark, are concerned about the Fairness laws protecting gay, lesbian, bisexual and transgendered citizens. HB279 could render these city-based ordinances completely useless. Priestess Clarks adds, “What’s to stop a teacher or other mentor from preaching to a gay teen the error of their ways according to scripture? This law helps to legalize bullying.”

Despite all objections, the bill’s supporters including Family Foundation of Kentucky, the Catholic Conference of Kentucky, and the Kentucky Baptist Convention, maintain the bill’s only goal is to protect religious liberty. State Rep. Stan Lee, R-Lexington said:

It wasn’t so long ago we had prayer in the schools, but they made us take it out… There have been attempts to take God out of everything. They want to take God out of the pledge of allegiance, can you believe that? You don’t think your religious freedom is under attack? Then maybe you do believe in a boogeyman….

But are Rep. Lee and the other supporters really concerned with protecting religious liberty? Or is this just a back-door attempt to re-establish government-sanctioned religious practices?

Interestingly, Kentucky isn’t the only state with an RFRA. In fact, in 1993, the Federal Government enacted its own RFRA which was eventually struck down by the Supreme Court as being unconstitutional. Justice Stephens said:

In my opinion, the Religious Freedom Restoration Act of 1993 (RFRA) is a “law respecting an establishment of religion” that violates the First Amendment to the Constitution.

Since 1993, 16 states have some form of RFRA and the Federal government has a new more restrictive version. Professor Christopher Lund of Wayne State University studied these laws in great detail and found them to be ineffective and unnecessary. His reports show that only three of the states (Florida, Illinois and Texas) have significant instances of litigation related to their RFRAs.

So why be concerned? Kentucky’s bill is touted as much broader in scope using “imprecise” language. In addition, Kentucky is proving to be a very conservative environment. Outside of this initiative that passed by a landslide. The state’s Department of Homeland Security requires all of its training materials to include the statement: “the safety and security of the commonwealth cannot be achieved apart from reliance upon Almighty God.”

Kentucky State Seal

Kentucky State Seal

When it comes to RFRAs, there is always one  lingering question: Why bother? Isn’t religious freedom already guaranteed by both the Kentucky and U.S. Constitutions? As best expressed by Democratic state Rep. Darryl Owen, “This is a piece of legislation looking for a reason.”

As always, Lady Liberty League will be watching the situation closely. Selena Fox stated:

Religious Freedom is an important foundation for the United States. We need to be vigilant, guard it, preserve it, and uphold it. However, as part of this work, we also need to closely examine political crusades and legislation that are put forth in the name of “Religious Freedom.” Just because something is proclaimed to be about “Religious Freedom” does not make it so. It is an affront to Freedom to pass and implement laws, whatever they are called, that can permit religious dogma and opinion to override Liberty and Justice for All.

In less than 90 days, HB279 will become a law. Whether civil liberties will be trampled in the name of religious freedom has yet to be seen. All we can do is wait and see.

 

(Note: The 16 states with RFRAs include Connecticut, Florida, Illinois, Rhode Island, Alabama, Arizona, South Carolina, Texas, Idaho, New Mexico, Oklahoma, Pennsylvania, Michigan, Virginia, Utah and Tennessee.)

The St. Louis Post-Dispatch and the Associated Press are both reporting that a consent judgment has been handed down in the case of Hunter v. Salem Public Library Board of Trustees, in which Salem, Missouri resident Anaka Hunter was denied access to websites dealing with Wiccan and Native American customs due to the filtering software being used by the library. In addition, Hunter reported that she was “brushed off” and intimidated by library employees and board members. The settlement, approved by U.S. District Judge E. Richard Webber, says that the library agrees to remove the “occult” filter, among others, for library patrons. The ACLU, who represented Anaka Hunter, noted that “public libraries should be maximizing the spread of information, not blocking access to viewpoints or religious ideas not shared by the majority.”

Salem Public Library

Salem Public Library

“Even libraries that are required by federal law to install filtering software to block certain sexually explicit content should never use software to prevent patrons from learning about different cultures.”  - Tony Rothert, an attorney for the American Civil Liberties Union of Eastern Missouri

The Wild Hunt covered this issue extensively last year when the ACLU filed their lawsuit against the library, at the time I explored the long, strange history of Internet filtering services and how many of them contain filters that remove minority and alternative religious viewpoints in deference to their (then) largely Christian user base.

“The more one digs, the more it seems that the “occult” category was one created to cater to the“constellation of values” of conservative Christian religious groups in the United States. Phaedra Bonewits, whose site, Neopagan.net, is listed as “occult” by Netsweeper, claims that the initial target market for filtering software “was Christian households, thus all the ‘cultic’ keywords being included with the porn.” I tried to contact Netsweeper by phone and email for background on how a site comes to be labeled as “occult” in their system, but a representative never responded.” 

Any library that receives federal funds is obligated to install Internet filtering software under the Children’s Internet Protection Act (CIPA). However, that filter is only supposed to block only obscene material, and content deemed “harmful to minors.” Sadly, either through ignorance of what various filter groupings contain, or misplaced (and illegal) paternalism, some libraries “overblock” the Internet stymieing open information and free inquiry. This was exactly the scenario warned of by critics of CIPA, and other advocated of an open and free Internet.

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“Libraries should be bastions of free thought and information access; but, as the actions by the Salem public library demonstrate, Internet Freedom (and freedom of religion) aren’t just under attack overseas — the same censorship technologies used by oppressive regimes are finding their ways into our own back yards.” - Sascha Meinrath, Director of New America Foundation’s Open Technology Initiative.

This victory comes at a time when Pagan religions are emerging from their classification as “alternative,” or “occult” belief systems, as evidenced by the Book Industry Study Group’s decision to reclassify books on Wicca and modern Paganism as belonging in the Religion section rather than the Body, Mind, & Spirit (aka Occult) section (not to mention the fact that the University of Missouri lists the Wiccan Sabbats in it’s Guide to Religion). Still, even if Wicca and other faiths were unpopular, reviled, and relegated to non-religious categories, it would not change the fact that no belief system should be filtered by our government, under any circumstance. The adoption of Internet filters are supposed to protect children from pornography and harmful material, not keep adults from doing research. There shouldn’t be an option to block the sites of minority religions for institutions receiving federal funds, and no library committed to free expression should enable such a filter if provided.

My only regret at this decision is that it won’t create new precedent in which we can use to stop other public institutions from over-blocking Internet search results. We need to change the very filtering industry itself, which is, as a whole, mostly unresponsive, secretive about their databases, and grudging to change. That many of the filtering companies who provide their software to libraries here also provide that same software to oppressive governments overseas is an irony that should not be lost on us. A first step towards greater freedoms is the destruction of the “occult” filter, an outdated and discriminatory filter created by the fearful. The decision handed down today in Missouri is a small step towards that goal.