Archives For fortune tellers

There are lots of articles and essays of interest to modern Pagans out there, sometimes more than I can write about in-depth in any given week. So The Wild Hunt must unleash the hounds in order to round them all up.

Mass grave for the dead Lakota after the massacre at Wounded Knee Creek.

Mass grave for the dead Lakota after the massacre at Wounded Knee Creek.

  • The historic site of Wounded Knee is now for sale on the open market. The current owner, James Czywczynski, makes some rather insulting claims about why he’s selling it. Quote: “For some reason, they cannot see economic development and they cannot see tourism and they cannot relate. They want everything for free is what it amounts to I guess.” The Oglala Sioux see the price as artificially inflated, trading on the massacre when the land itself is valued in the thousands, not millions. Quote: “We see that greed around here all the time with non-Indians. To me, you can’t put a price on the lives that were taken there.” What happens next is uncertain. There are claims that some buyers are interested in buying the land and giving it back to the tribe, but it’s just as possible someone will buy it in order to make money off someone else’s tragedy. 
  • The Southern Poverty Law Center shares the experiences of a lone Jew in a highly racially segregated prison. Quote: “It is an inviolate rule that different races may not break bread together under any circumstances. Violating this rule leads to harsh consequences. If you eat at the same table as another race, you’ll get beaten down. If you eat from the same tray as another race, you’ll be put in the hospital. And if you eat from the same food item as another race, that is, after another race has already taken a bite of it, you can get killed. This is one area where even the heads don’t have any play.” I think it’s important to share this after my story yesterday about Even Ebel. This is the toxic atmosphere in which Paganism behind bars is being practiced. 
  •  Jack Jenkins, a Senior Writer and Researcher with the Faith and Progressive Policy Initiative, writes about how mainstream journalism still doesn’t do religion coverage very well. Quote: “Yet religion seems to be having an increasingly hard time getting a fair shake from another major player in American life: the media. The breadth and quality of religion reporting in the United States has atrophied in recent years, with once-robust religion sections now all but erased from the pages of the nation’s leading newspapers. Meanwhile, religion reporters have either been laid off or forced to re-shift their professional focus to covering religion ‘on the side.’” The truth is that it’s even worse if you’re a member of a religious minority. We just hope the new episode of “Wife Swap” treats us gently, and we scarcely dream of the coverage larger faiths get. 
  • Just thought you should know that being for gun control laws is very, very, Pagan. Quote: “Frankly, it almost would seem that animism won’t go away. The left, which is largely made up of people who don’t believe in Jesus Christ’s blood as being necessary for our salvation, view inanimate objects as possessing their own will. That’s animism, that’s a return to the most pagan of paganism and look at what nutty political views it ends up supporting.” That’s Larry Pratt, thexecutive director of Gun Owners of America, an organization that believes the NRA is too soft on protecting the 2nd Amendment. Here’s one Heathen’s response to Pratt’s animist ramblings. 
  • In response to a number of recent articles, Evangelical Christians Paul Louis Metzger and John W. Morehead confront the issue of predatory proselytism. Quote: “Moreover, friendship is sometimes abused, when it is reduced to the end of evangelism. In one instance where an Evangelical has been involved in a high-profile relationship and dialogue with a Mormon scholar, many Evangelicals have called for an end to the relationship after a period of time because the Mormon has not converted. Aren’t relationships valuable in and of themselves without being used merely as a tool to convert others? For all our emphasis on personal relationships, one might be left to wonder how relational the Evangelical movement as a whole is.” For more on my personal interactions with Paul Louis Metzger, click here.
Kryja Withers reading to Peter Dybing at her home.

Kryja Withers reading to Peter Dybing at her home.

 

That’s it for now! Feel free to discuss any of these links in the comments, some of these I may expand into longer posts as needed.

Canadian papers are paying a lot of attention to newspaper owner Gustavo Valencia Gomez, who is charged with using all of the old tricks to convince a client that she was under supernatural attack, and that a large influx of money was necessary to remove the danger.

Gustavo Valencia Gomez

Gustavo Valencia Gomez

“The most frightening point, she alleged, was when she was told to bring pictures of her two children to an appointment. When eggs were cracked over them, there was blood in the yolks, she recalled, adding she was told this meant her children were marked for death. [...] Another ritual involved putting lemon oil on her body. The oil turned black another sign of a curse, she said she was told. [...] On another occasion, worms were used to scare her…”

This isn’t unique, it is, in fact, a pretty common con. Usually, when someone is caught running such a con they are charged with fraud, but Gomez’s case is garnering additional attention for an additional charge under Canadian law: Pretending to practice witchcraft.

“Early Tuesday afternoon, Mr. Gomez was arrested and charged with fraud over $5,000, false pretences, possession of the proceeds of crime and pretending to practice witchcraft, a summary (less serious) offence that carries no minimum or maximum penalties under the Criminal Code.”

Pretending to practice witchcraft? Yep. Here’s what the criminal code says about that.

365. Every one who fraudulently

  • (a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration,
  • (b) undertakes, for a consideration, to tell fortunes, or
  • (c) pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,

is guilty of an offence punishable on summary conviction.

In recent years, some Canadian law enforcement agencies have taken a liking to this law, reviving it when dealing with fraud cases involving fortune telling and related services. However, its recent revival has been controversial, with some Pagans worried that these charges could be abused in the future.

“Brendan Myers, a pagan and philosophy professor at the Cégep Heritage College, worries that the law could be used against law-abiding pagans. “It may put people in my community at risk of not being able to practice their faith,” he said, adding that although the law has not been abused in the past, but he worried it could be in the future. The law only targets people who purport to practice witchcraft, but there are no equivalent laws for charlatans that abuse other faiths, he said.”

When I first reported on this relatively obscure statute, Myers explained why he found the law deeply problematic.

“The key word in the legislation is the word “pretending” (in subsections (a) and (c).) As pointed out to me by my friend in London via private correspondence: the word “pretending” here suggests that the State does not believe that witchcraft could be real: anyone who says they are practicing witchcraft is only pretending. That can potentially include those who say that they are practicing the religion. With this in mind, it’s not difficult to imagine a religiously conservative or puritan judge ruling that anyone who practices the religion of Wicca is “pretending” to practice witchcraft.

Our religious practices are already protected by the Canadian Charter of Rights and Freedoms, which is part of our constitution and thus trumps the Criminal Code. But a lot will depend on the eye of the beholder here. It is not difficult to imagine a future government much more conservative than our present one, declaring that witchcraft and wicca is not a religion, and that anyone who practices it is “pretending”. Remember, it doesn’t matter if you think it’s a religion: it matters if the law thinks so. I do not know if any judicial precedents have established wicca and witchcraft as a religion in the eyes of the law. So I’ve written to a lawyer that I know, and I await his response.”


Of course, not all Pagans are opposed to fraudsters being charged with pretending to be a witch, Ariana L’Heureux told Metro Toronto that she feels the law helps separate genuine Witchcraft from the con-artists.

Police will often lay fraud charges, but L’Heureux said the witch law aids them in their investigation by helping them narrow in on that specific kind of fraud from the beginning. The law separates witches, like herself, who use the power of the nature and universe and offer spiritual advice, from charlatans who “pretend to be something they’re not for monetary gain, exploiting people’s weaknesses.”

Perhaps, but I’m troubled that the open-ended nature of the law’s language could invite abuse. Also, do we really want to open the door into deciding who is and isn’t a “real” Witch? Back in 2010 I made clear my reservations with this law’s revival. 

“It should be stressed that all the accused perpetrators were caught and charged with existing laws against fraud, so why has this little-used witchcraft charge been dug up again? What real purpose does it serve other than to sensationalize, muddy the waters of religious freedom, and create potential problems for ethical practitioners of magic and witchcraft who happen to charge for various services? How long before an otherwise ethical magic-worker gets charged due to a vindictive former client? It doesn’t seem so far-fetched a scenario considering the recent frequency this law is getting invoked.”

Fraud needs to be punished, but in a Canada where the rights of Witches and Pagans aren’t always treated with respect and dignity, do we really want to simply trust that this law will always be used fairly? Laws that create blurry boundaries can be problematic even in the best of times, and I’m uncomfortable with any government body deciding when someone is really a Witch, or if they’re merely pretending.

Ordinances against fortune telling have a long history, from bans on sorcery and witchcraft in the Middle Ages and Early Modern Europe, embodied today in places like Saudi Arabia, to anti-fraud bans (often based in various ethnic prejudices) in the 19th century, to current laws that claim to be protecting citizens from fraud, but are often pushed by conservative Christian lawmakers. For generations those who practiced fortune-telling as a profession existed on the margins of society, usually depicted as mere swindlers preying on the gullible, until a new ethos started to emerge that classified divination as an art. Part of a spiritual and religious tradition that practitioners felt should be respected, and not subject to laws designed to outlaw those engaging in parlor tricks.

In the United States, many anti-fortune-telling laws have been challenged on the grounds of religious freedom, notably Z. Budapest’s very public 1975 battle against a California ordinance. More recently, Wiccans in places like Caspar, Wyoming, and Livingston Parish, Louisiana, succeeded in getting ordinances struck down on this basis. However, a much broader decision was handed down by the  Maryland Court of Appeals in 2010, which ruled that fortune telling and related services are protected speech.

“Fortunetelling may be pure entertainment, it may give individuals some insight into the future or it may be hokum,” the Maryland Court of Appeals wrote in a 24-page opinion. “People who purchase fortunetelling services may or may not believe in its value. Fortunetellers may sometimes deceive their customers. We need not, however, pass judgment on the validity or the value of the speech that fortunetelling entails.”

This was something of a sea change in legal thinking on the issue, and soon challenges to fortune telling ordinances on the basis of free speech started to pop up in places like East Ridge, Tennessee. Advocacy group the First Amendment Center, lays out the constitutional rationale.

“…it’s important to note that most speech — whether it expresses my own impeccable logic or someone else’s silly belief — is protected from government control. Not just permitted. Or allowed. Or tolerated. But protected with the full force and vigor of an amendment to the United States Constitution.”

Now, we have another decision, announced yesterday, that bolsters the divination-as-free-speech line of thinking.

“A federal judge this week ruled that an Alexandria law forbidding fortunetellers from working in the city is a violation of First Amendment free speech rights. U.S. District Judge Dee D. Drell concurred with a recommendation in June by U.S. Magistrate Judge James D. Kirk that said Alexandria’s 2011 ban of Rachel Adams’ shop on Jackson Street Extension was unconstitutional.”

The ThinkProgress blog noted that Alexandria, Louisiana’s law banned “palmistry, card reading, fortune telling and other otherworldly communications,” with the city arguing that  fortune-telling is “a fraud and inherently deceptive.” However, U.S. District Judge Dee D. Drell rejected that, noting that Louisiana has been able to survive and thrive while embracing psychics and fortune-tellers, especially in New Orleans.

As the legal framework for total bans start to crumble, many towns and cities have responded by passing strict regulations on the practice. In 2010 both Time Magazine and the BBC looked at a growing trend of stricter regulations against psychics being enforced by local governments. The creation of these subcultural “red light districts” are often harder to challenge than a total ban, though they often have the same effect. For example, in Chesterfield County, Virginia, zoning regulations for psychics are stricter than they are for strip clubs or pawn shops.

“In Chesterfield, businesses considered to be fortune-telling establishments must pay a $300 tax to get a business license, while nightclubs and adult businesses pay only a $100 tax for a license. Fortune-telling businesses must submit five references from the county to the police chief for approval. They are limited to one zoning designation – the same one reserved for adult businesses, scrap yards and pawn shops. And they must get a conditional-use permit for that zoning.”

Author and renowned tarot expert Mary K. Greer believes her business (reading cards) should be treated like any other business, and not singled out for punitive regulations. Quote: “It has been found that laws prohibiting fraud cover most cases of abuse perfectly adequately and far better than regulations that discriminate unfairly against this particular profession, especially when they assume criminal behavior where none has been shown by the individual. It has been proved over and over again that discriminatory regulations are created by special interest groups and that they are unfair and almost always unconstitutional.”

With yet another fortune-telling ban struck down on the basis of constitutionally protected free speech, regulations that try to zone such businesses out of existence are on increasingly shaky legal ground. The harsher the regulation, the more it seems like the local government is privileging one form of speech over another. It seems clear that whether you pay for it or not, whether you believe in it or not, “otherworldly communications” are protected speech. This is not just a good thing for free speech, but a good thing for the Pagans and esoteric practitioners who supplement their income by performing divination.