Archives For Oklevueha Native American Church

Just a few quick news notes for you on this Tuesday.

Margot Alder on Witchcraft, Cults, and Space Travel: Margot Adler, NPR correspondent and author of the seminal 1979 book “Drawing Down the Moon: Witches, Druids, Goddess-Worshippers, and Other Pagans in America”, talks to the Daily Camera in Boulder, Colorado about her life and work in advance of her presentations at the 64th Annual Conference on World Affairs. Of special interest to my Pagan readers will be the story of how she landed the book deal that eventually lead to “Drawing Down the Moon.”

Margot Adler

Margot Adler

“That happened by a complete fluke, way back in 1974. I had sort of a loser boyfriend. He took me to meet his literary agent in a pub. The woman asked me, ‘What do you do?’ I’ve probably had less than a dozen psychic experiences, but I heard a voice in my head say, ‘You are standing on a nexus point in the universe. What you do now will change your life forever.’ Because of that voice, I said, ‘I’m involved in witchcraft.’ Her eyes got really big. She said, ‘Call me in two weeks.’ She had just left an agency and was looking for clients. She showed me how to write a book proposal. I’d never thought of writing a book. The written word scared me because it’s so eternal.”

She also talks about where she agrees with Newt Gingrich (space travel), the most interesting stories she’s been covering for NPR lately, and “looking at religion from completely outside ourselves.” The Conference on World Affairs is currently underway, and continues through Friday. Her two presentations are “What is a Cult,” and “The Lure of Interstellar Travel,” both being given today.

A Step Forward for Marijuana as a Sacrament: In what could a groundbreaking ruling, the Ninth Circuit Court of Appeals has overturned a lower court ruling against the Oklevueha Native American Church of Hawaii, allowing an action to prevent enforcement of the Controlled Substances Act against them to go forward.

Michael Rex "Raging Bear" Mooney, right, with members of the Oklevueha Native American Church.

Michael Rex "Raging Bear" Mooney, right, with members of the Oklevueha Native American Church.

“Plaintiffs need not allege a threat of future prosecution because the statute has already been enforced against them. When the Government seized Plaintiffs’ marijuana pursuant to the CSA, a definite and concrete dispute regarding the lawfulness of that seizure came into existence.”

The court also ruled that the church does not need to apply to the DEA first for an exemption, though it did rule in the government’s favor by saying the seized marijuana doesn’t have to be returned or compensated for. You can read more about this case, here, and here. So far, there have been only two instances where entheogens used in a religious context have been able to win legal protection (peyote for Native American ceremonial purposes, and  ayahuasca by the União do Vegetal). If the Oklevueha Native American Church (ONAC) is able to take this to the Supreme Court and win a religious exemption, and injunction against future prosecution, it could throw open the door to religious groups using marijuana as a sacrament. The Rastafari are an obvious example, but any group that is able to show a sincere use may also be able win exemptions. In my mind, legal entheogens are an inevitable eventuality of these cases, the question is not “if” but “when.”

How Far Does Free Speech and Religious Freedom Stretch in Cases of Alleged Fraud? Speaking of possibly momentous instances of litigation, last year several members of the Roma Gypsy Marks family were charged by the federal government with operating an “advance fee scheme,” allegedly bilking more than a dozen victims out of over 40 million dollars. One of the clients/victims was famous romance author Jude Deveraux, who paid the family $20 million over 17 years, saying she was threatened by the family, and was near suicide before law enforcement stepped in. Now, the Marks’ defense team is saying their actions were/are protected religious practices, and that fortune-telling is protected speech.

The federal investigation was code-named "Crystal Ball."

The federal investigation was code-named "Crystal Ball."

“Lawyers have argued in court papers that the family members had a constitutionally protected right to practice fortunetelling and spiritual healing because it is a part of their religious belief system and fortunetelling is legally considered to be free speech. [...] Attorney Michael Gottlieb, who wrote the 24-page legal document about religious rights, argued that his client, Nancy Marks, 42, of Fort Lauderdale and New York City, did nothing but try to help people, in line with her personal spiritual beliefs. [...] “Nancy Marks’ conduct is rooted in her religion and spirituality,” Gottlieb wrote. “Based upon this prosecution, the defendant has lost her livelihood and has been unable to make a living using her historical religious and spiritual gifts.” [...] The legal argument spells out some widely-held Romani beliefs but also draws comparisons with legal rulings about the rights of people who are Amish, Wiccans, Krishnas, Mormons, Catholics and Jews.”

Leaving aside the issue of the Marks’ guilt or innocence, the ultimate verdict in this case could have far-sweeping ramifications, especially if judges consider the religion question. Whether or not fortune telling can be a protected religious practice is still very much up in air, judicially speaking. In 2010 the Maryland Court of Appeals ruled that fortune telling and related services are protected speech, and in 2008 a federal judge tossed out a fortune telling ban in Livingston Parish, Louisiana. However, in a 2011 case, a Virginia judge ruled that divination wasn’t the same thing as religious counselling. The case here, involving the federal government, could set nationwide precedent for where the line gets drawn between exploitation and religious freedom. So this is one to keep your eyes on. For more on the extended Marks clan, check out the documentary “American Gypsy.”

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

Top Story: For the third time in recent memory a Canadian citizen has been charged with the obscure ordinance against “pretending to practice witchcraft”. The first concerned Vishwantee Persaud in late 2009 who bilked several people, including a lawyer, out of thousands of dollars, the second, from April of this year, was against Batura Draame of Toronto. Now a third case, involving Brampton resident Yogendra Pathak, has emerged.

“Police say Yogendra Pathak, 44 was “putting it out there that he had the ability to practice magic and by doing that he could solve people’s problems… for money.” … Police say they believe Mr. Pathak was operating for over a year and do not yet know how many people have been conned by his alleged scam. They are urging victims and anyone with information to come forward. Mr. Pathak is charged with fraud under $5,000 and pretending to practice witchcraft.”

Persaud, Draame, and Pathak were all charged under the fraud statutes so why the witchcraft charge? Is it really necessary? Canadian author and philosophy professor Brendan Myers finds 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.”

While not all Pagans think the law should be repealed, there is a grass-roots movement building to work for the law’s repeal. 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.

Christine O’Donnell’s Lesbian Paganism-Studying Sister: Andrew Sullivan points to a Mother Jones piece regarding the sister of Delaware Senate candidate Christine O’Donnell, the Tea Party and Christian Right favorite who recently won an upset primary victory over the Republican party’s preferred candidate. Christine’s sister Jennie is publicly for many of the things O’Donnell is against (like gay marriage), yet is supporting her in her senate campaign. She’s also very different when it comes to religion.

“I have studied and practiced many therapeutic methods, as well as many different spiritual practices, such as; The Eastern Philosophies of Buddhism, Taoism, Sidha yoga with Brahma khumaris and other yoga practices for self realization. Western philosophies of Christianity, Science of mind, Course in miracles, Catholicism, Native American Spiritualities, Judaism, Muslim, Sufi, Ancient Alchemy of the Emerald Tablet, Metaphysics, Wicca, Pagan and many other world spiritualities.”

While it isn’t completely unusual for a family member to back a relative running for office who publicly works against their stated personal positions and interests on various issues, Sullivan wonders if the emergence of this sister might hurt O’Donnell’s standing with the Christians who supported her candidacy.

“Will the Christianist base support a candidate whose sister has studied Wicca and pagan spiritualities and supports marriage equality for gays and lesbians? Apparently, Jennie believes that much that has been written about her sister is untrue.”

It should be interesting to see how the campaign moves forward with this. Will they go big-tent and soften on some of O’Donnell’s past pronouncements on various social issues, sticking to the fiscal populism the Tea Party prefers? That seems to be the direction the political winds are currently blowing, but it remains to be seen if such a move is sustainable if it risks losing Christian voters who want/demand strong stands on social issues.

Witchcraft Worries Australia: A draft report on freedom of religion submitted to the Australian Human Rights Commission apparently ranks Witches as one of the groups that most worries other Australians according to The Age.

“Which groups of Australians most worry other Australians? Muslims, gays and – astonishingly – witches. That apparently anachronistic result appears in a survey of public submissions to a national inquiry into freedom of religion and belief in the 21st century, from which the draft report was submitted last week to the Australian Human Rights Commission … These views do not reflect mainstream opinion; it takes a certain passion and effort to make a detailed submission, so only those most involved or committed will do so. But they provide a fascinating window into contemporary concerns about religion.”

Some academics are concerned the results are dominated by conservative citizens, skewing the results towards the views of “elderly church leaders who happen to be male and anti-Muslim and gays and pagans and witches”. It remains to be seen what recommendations the Human Rights Commission can make from this draft that would please these respondents while ensuring the continued rights and freedoms of Pagan Australians.

A Look At Faeries Who Are Radical: The Texas LGBT publication Dallas Age profiles eclectic gay Pagan group the Radical Faeries. The article looks at their founding and history, but also notes the changes in attitude and inclusiveness they have gone through in recent years.

“But in more than 30 years of existence, the Radical Faeries have evolved — albeit gradually and with difficulty — towards embracing a more sexually diverse membership. Some Radical Faerie groups accept people of all genders and orientations with the idea that anyone who identifies as a faerie is one. However, many older members still require gatherings to be male-only and the issue of inclusion continues to be controversial. “As an oppressed people, gay men [have] had to overcome their own prejudices against women, bi, trans [and] intersex people,” notes Singleton, who at 28, is part of the younger generation of faeries.”

What role will the Radical Faeries play within the Pagan community as it becomes more open and inclusive? Will what was once a gay-male only tradition soon become something far larger and influential?

Fighting Utah Over Peyote Arrests: Religion Clause reports that the Oklevueha Native American Church has filed suit against the state of Utah in Federal Court to stop them from arresting and harassing church members for their use of Peyote.

“The lawsuit seeks to block state and federal law enforcement from arresting or bringing criminal charges against church members who “fear reprisal from both state and federal governments for openly practicing their religion,” court papers state. … The lawsuit was filed in Utah because since 1999, church members here say they have been harassed, arrested and prosecuted for using peyote, court papers say.”

This has been an ongoing issue in Utah, and one that will no doubt bring the issue of religious entheogens to the mainstream media once more. We’ll be paying attention to this case as it develops.

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