Pagans and the Law - When People Use Our Spirituality Against Us
About three years ago, I cut some people out of my life that were toxic to me for numerous reasons. And now, three years later, I'm still dealing with the fallout. Due to legal reasons, I am not going to go into too much detail as to why these friendships ended.
You might be asking yourself, why did she say, "due to legal reasons?" Well, my friends, this has blown up into a shit show, and has involved threats against me, harassment of my friends and coven members, threats of a 'witch war,' AND progressing to a lawsuit against yours truly - for telling my friends and coven mates IN CONFIDENCE what actually happened to end said friendships. Front and center are my beliefs along with wild accusations of acts that I never committed that better belong in a Satanic horror movie.
As of 1986, Wicca was recognized as an official religion protected under the First Amendment in Dettmer v. Landon. In this case, an incarcerated man (Dettmer) was denied ritual tools to practice his Wiccan faith. The Fourth Circuit Court of Appeals ruled in Dettmer's favor, stating that Wicca was afforded the same rights as other religions under the First Amendment.
Since 2007, with the sacrifice of U.S. Army Sgt. Patrick D. Stewart, Wiccan symbols, including the pentacle, have been allowed by the Veterans Administration as acceptable religious symbols on government-issued headstones.
The Satanic Temple has been very vocal about freedom of religion meaning ANY religion, not just those that fall under the 'Big Three' of the Judeo-Christan faith, as well as the separation of church and state. From erecting a statue of Baphomet in Oklahoma in response to having the Ten Commandments prominently displayed on federal property, to holding after school programs that teach their tenets in the 'After School Satan Club' - which took a ruling from the U.S. Supreme Court to be able to establish in 2001 - the Satanic Temple has been involved in numerous controversial cases. They have had some big wins throughout the years which can help protect Pagans.
Despite all of these legal advances, we still have to deal with people using our beliefs against us. One of my friends had his beliefs brought up by his ex during a nasty divorce. Another was taken to court in an attempt to have her ritual tools and protective sigils taken down - including INSIDE her home, because the neighbors were offended. These sorts of situations occur way too often, even though our religion is 'protected,' bringing those targeted financial hardships (in the form of legal fees and potential job loss), loss of time, and emotional trauma. One need only look to the case of Tammy McCoy, a former Panera Bread employee who was discriminated against, proselytized to, and ultimately fired from a Pennsylvania Panera due to being Pagan in 2020.
So, what do you do if you find yourself the target of anti-Pagan attacks and discrimination? First off, know your rights, both at the state and federal level. Get the advice of an attorney - many firms offer free consultations before taking a case. There are also Pagan resources out there, including Lady Liberty League, which was founded in 1985 to combat discrimination against Pagans. And document, document, document.
I hope that in the future, we don't have to worry about having to defend our beliefs and being targeted in these ways. We have such a long way to go, despite positive case law to support us. Please, if you find yourself in a situation like mine, stay the course and know that there are those out there that have your back.