Pagan anti-defamation organizations are springing up everywhere. But each
individual Witch, Wiccan or Pagan should have a working knowledge of their
fundamental rights and avenue to legal recourse. Here are some of the
basics:
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FEDERAL:
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FREE EXERCISE OF RELIGION GUARANTEED-
The First Amendment to the United States Constitution provides:
"Congress shall pass no law respecting an establishment of religion, or
prohibiting the free exercise thereof...."
Free exercise of religion is protected in the United States provided that
the belief is sincerely held and is a religious belief of any kind. The belief
or practice need not be a part of an organized religion or sect, and need
not include a belief in any Supreme Deity. Individualistic, Indigenous,
polytheistic, agnostic and atheistic beliefs all fall under the protection
of law.
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Cases:
Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 113S.Ct. 2217
(1993)
Frazee v. Illinois Dept. of Employment Security , 489 U.S. 829 (1989)
Callahan v. Woods, 658 f. 2d.679 (9th Cir. 1981)
Courts cannot judge validity of any belief or doctrine;
U.S. v. Ballard, 322 U.S. 78 (1944)
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Free exercise of religious belief is protected by the First Amendment from
intentional encroachment under all circumstances. The government cannot single
out a particular religious belief or religion for special burdens or restrictions
unless it can prove a compelling reason for doing so. This "compelling
reason" must be grave concerns for the social welfare of society. Even
if "compelling reasons" are proven, the government still must use
the least amount of encroachment possible.
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Cases:
Church of Lukumi Babalu Aye, Inc. v. City of Hialeah (cited above)
Employment Division, Dept. of Human Resources of Oregon v. Smith, 494 U.S.
872 (1990)
Sherbert v. Verner, 374 U.S. 398 (1963)
Religious Freedom Restoration Act, 42 U.S.C. 2000bb (1993)
Lawson v. Dugger, 844 F. Supp. 1538 (S.D. Fla, 1994)
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The Non-Establishment Clause of the First Amendment prohibits the official
sponsorship of, support of, or active involvement in, religious activity.
This limits interference or undue influence by federal, state and local
governments or their agents on the validity of any religious belief or religion.
this recognizes the right of an individual to be free from laws and government
decisions which aid one religion, all religions or prefer one religion over
another.
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Cases:
Walz v. Tax Commission, 397 U.S. 1 (1947)
Everson v. Board of education, 330 U.S. 1 (1047)
Lemon v. Kurtzman, 403 U.S. 602 (1971)
Larson v. Valente, 456 U.S. 228 (1982)
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FREEDOM FROM RELIGIOUS DISCRIMINATION-
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The Fourteenth Amendment to the U.S. Constitution states:
"No state shall...deny to any person within its jurisdiction the equal
protection of the laws."
The Fourteenth Amendment protects against discrimination by state and local
governments on the basis of religious beliefs, as well as gender or ethnicity.
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Cases:
Police Dept. of Chicago v. Mosley, 408 U.S. 92 (1972)
Also see under RFRA 1993-
Campos v. Coughlin, 854 F. Supp. 194 (S.D.N.Y. 1994)
Western Presbyterian Church v. Board of Zoning Adjustment of District of
Columbia, 849 F. Supp. 77 (D.D.C. 1994)
Additional protection is provided by-
The Civil Rights Act of 1871
1978 American Indian Religious Freedom Act (1978)
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In conclusion: The United States is a multi-faith society; freedom of religion
is constitutionally guaranteed. No religion has official support or preference
from any governmental entity or any of its agents. Discrimination on the
basis of religious preference is illegal.
