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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 itsmembers sincerely adhere to a fairly
complex set of doctrines relating to the spiritualaspect 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
Tylwyth Teg, Inc. (a Witchcraft Church) was a
legal non-profit church
and Religion.
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 673206, Marietta, GA
30006-0036
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