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(Reflects federal constitutional law: binding in 4th Circuit only (which
includes Virginia); persuasive precedent
elsewhere)
* Church based on Wicca/Witchcraft
is religion for purposes of protection under First Amendment Free Exercise Clause.
* Courts must accept belief as "religious" so long as: it is sincere, it occupies a meaningful position in the individual's life,
and it relates to that individual's ultimate concern (i.e. is spiritual).
* Protection of the First Amendment Free Exercise Clause in no way depends upon the truth
or veracity of a belief, or the logic or consistency of a belief.
* The Church of Wicca, which is based upon Wicca (also known as Witchcraft) is religion for purposes of the First Amendment
Free Exercise Clause, because its
members sincerely adhere
to a fairly complex set of doctrines relating to the spiritual
aspect of their lives, and their ceremonies, leader structure, elaborate set of articulated doctrine, belief in the concept of another world, and broad concern
for improving the quality of life of others, give it facial similarity to widely-recognized religions.
More Legal Precedents on Paganism
William B.. Wheeler VS Patricia
Condon, P.S. Docket No. MD-45 (Jan 1989)
In which there was a legal dispute argued before an U.S. Postal Service
Administrative Judge, regarding the delivery of mail. In the decision the postal
service found that Y Dynion Mwyn was a religious tradition, that The Church of Y Dynion
Mwyn (a Witchcraft Church) was a legal non-profit church. http://www.usps.com/judicial/1989deci/md-45.htm
Roberts V. Ravenwood Church
of Wicca, 292 S.E.2d 657,658 (Ga. 1982). Similar to Dettmer v. Landon.
Dettmer V. Landon, 799 F2d 929 (4th Cir. 1986), cert denied by Dettmer v. Murray, 483 U.S. 1007 (1987). Landmark case in
which Wicca is recognized as a protected religion.
United States v. Phillips, 42 M.J. 346, 349
(C.A.A.F. 1995) (quoting Army Chaplain's Handbook). Extended pagan rights, in that it recognized the Army
Chaplain's Handbook as
legal evidence, specifically that a pagan's Book of Shadows held the same position as a sacred text as the Bible does for
Christians.
Alvarado v. City of San Jose, 94 F.3d 1223 (9th Cir. 1996).
Reese v. Coughlin, 1996 WL 374166 at *3 n.3 (S.D.N.Y. 1996). Prisoners rights case.
Rouser v. White,
1996 WL 631130 at *1 n.1 (E.D. Cal 1996).
Rust v. Clark,
883 F. Supp. 1293, 1297 (D.Ne. 1995).
Church of Iron Oak, Inc. ATC v. City of Palm Bay,
Fla., 868 F.Supp. 1361,
1362 n.1 (M.D. Fla 1994).
Nichols v. Nix,
810 F. Supp. 1448, 1451 (S.D. Iowa 1993). Iowa case recognizing Wicca as a religion.
Brown v. Woodland Joint unified Sch. Dist., 1992 WL 361696 (E.D, Cal. 1992). Textbook challenge, in which Christians challenged
textbooks which discussed
witchcraft (anti-establishment clause).
In re Bartha, 134 Cal. Reptr. 39 (Cal. Ct.
App.1977). First case in which Wicca was a court issue; the court didn't go so far as to recognize it,
but did allow astrology
as a religious practice.
For information on all individuals and organizations listed in this
website, or the name of a contact person in your area that can give you further
information on the Church of Dynion Mwyn, contact Laura. Let us hear from you! You may
also call us at 000-000-0000 If you access our voice mail, we will call you back collect
if long distance. Or, you can write to
Laura at: Dynion Mwyn, P.O. Box 672125, Marietta, GA 30006-0036
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