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starwind123 
Keeper of the Sacred Arts
Posts: 472
(6/8/04 1:15 am)
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Your Rights in the United States Witchcraft and the law
I dont know if this is anywhere else about but ran over it again and thought to share... made a new page on the web site just for this as I have been meaning to do for some time
Your Rights in the United States
Witchcraft is recognized in the United States as a legitimate religion.
In 1985, Dettmer v Landon (617 F Supp 592) the District Court of Virginia pursuant to rule 52
(a) of the Federal Rules of Civil Procedure ruled that Witchcraft is a legitimate religion and
falls within a recognizable religious category In 1986 in the Federal Appeals court fourth
circuit. Butzner, J. affirmed the decision (799 F 2d 929) Since in most cases Federal law, even
case law supersedes state law in this type of matter, the affirmation by judge Butzner clearly
sets Witchcraft as a religion under the protection of constitutional rights.
The Church of Wicca (or Witchcraft) is clearly a religion
for First Amendment purposes.
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"Members of the Church sincerely adhere to a fairly complex set of doctrines relating to the
spiritual aspect of their lives, and in doing so they have ultimate concerns' in much the same
way as followers of more accepted religions. Their ceremonies and leadership structure, their
rather elaborate set of articulated doctrine, their belief in the concept of another world, and
their broad concern for improving the quality of life for others gives them
at least some facial similarity to other more widely recognized religions. "
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"While there are certainly aspects of Wiccan philosophy that may strike most people as
strange or incomprehensible. The mere fact that a belief may be unusual does not strip it of
constitutional protection. Accordingly the Court concludes that the Church of Wicca. of
which the plaintiff is a sincere follower. is a religion for the purpose of the free exercise
clause." Williams. J. 1985 Dettmer v. Landon Supra. ³We agree with the district court that the
doctrine taught by the Church of Wicca is a religion." Butzner. J. 19864th Circuit.
Dettmer v. Landon Supra. "
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" The first amendment of the United States Constitution guarantees the right to freedom of
religious belief. The USCA states that a practice is a religion if it is for an individual
a belief system for their whole life. The constitution does not wish to dictate what an
individual should hold as a belief system or how it is practiced and will not enter into a
ruling on that. "Court may not inquire into worthiness of parties' religious belief
to ascertain whether they merit. First Amendment protection, but need only consider
whether beliefs are 'religious' in parties' own scheme of things and whether their
beliefs are sincere. USCA Const. Amend. I "To be a bona fide religious belief entitled to
protection under either the First Amendment or Title VII, a belief must be sincerely held"
and within the believers own scheme of things religious. USCA Const. Amend. 1: Civil
Rights Act 1964 701 et seq., 717 as amended 42 USCA 2000e-16"
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" The equal protection clause is guaranteed to all people and groups. If one group
of people is entitled to equal protection then all groups are. Witchcraft is accepted as a
religion, therefore, Witches are entitled to the same protections as all other religious groups;
under the equal protection clause of the Fourteenth Amendment. ³First and Fourteenth
Amendments insures without qualification that a state may not forbid the holding of any
religious belief or opinion, nor may it force anyone to embrace any religious belief or to say
or believe anything in conflict with his religious tenets. USCA Const. Amend. 1,
(14 Africa v. Anderson 542 F. Supp. 224.") (16 FPD 212-216) "
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" USCA ARTICLE VII # 2 states: "This Constitution, and the Laws of the United States
which shall be made in pursuance thereof; and all treaties made, or which shall be made,
under the authority of the United States, shall be The Supreme Law of the Land; and the
Judges in every state shall be bound thereby, anything in the Constitution or laws of any
state to the contrary notwithstanding." In light of the fact that Dettmer v. Landon supra,
being a Federally Adjudicated case. it is thereby protected by the Constitution. No state can
override this Federal adjudication. No Witch can be denied his/her civil liberty and right to
be a Witch, open and free, in any state in the land; within the parameters of the Law. "
Blessings on your coming
Blessings on your going
Blessings on all your house |
Gaia Angel 
ezOP
Posts: 1670
(8/13/04 3:50 pm)
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Re: Your Rights in the United States Witchcraft and the law
how did i miss this one too??? Thank you esta....great info and if you happen across anything else similar that can be printed and taken to court if ned be please post that as well.
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starwind123
Administrator
Posts: 572
(8/27/04 3:14 pm)
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Re: Your Rights in the United States Witchcraft and the law
Be happy to sis
hugs
Starwind
Blessings on your coming
Blessings on your going
Blessings on all your house |
shadeaux63
Global User
Posts: 816
(8/27/04 8:40 pm)
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Re: Your Rights in the United States Witchcraft and the law
I'm tempted to copy this out and carry a copy with me at all times,since I live in the middle of the buckle of the Bible Belt.I may not be Wiccan,but Pagan is close enough to witch for these folks to make em want to grab the matches.
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starwind123
Goddess of the arts
Posts: 588
(9/2/04 4:04 am)
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Re: Your Rights in the United States Witchcraft and the law
By all means print it out... if you like I will send you a copy
hugs
Starwind
Blessings on your coming
Blessings on your going
Blessings on all your house |
wolfscout1 
Path Walker
Posts: 208
(10/12/04 8:19 am)
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Re: Your Rights in the United States Witchcraft and the law
Interesting thanks for posting this.
I knew of Wicca being recognised but didn't know of Witchcraft alone being so. 
Larry 
Mitakuye oyasin -- " We are all related to all things." 
~~~
My Path , ToO , OWP ,
Larry's Place
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