Pagans Excluded From First Amendment?
Patrick McCollum has been fighting for years to overturn the State of California’s “five faiths policy”, which limits the hiring of paid chaplains to Protestant, Catholic, Jewish, Muslim, and Native American adherents. The lawsuit began with Patrick and a number of pagan inmates claiming that it was unconstitutional for the state to deny the pagan inmates their religious rights, their religious materials, and their religious services through a pagan chaplain.
The defense is arguing that “traditional” faiths are first tier faiths and that those faiths were meant to have equal rights and protections under the United States Constitution, but that all of the other faiths (including pagans) were second tier faiths, and were not meant to have the same equal rights and protections under the United States Constitution as the first tier faiths.
A conservative activist organization called WallBuilders, argues that Patrick has no standing because modern pagans aren’t guaranteed the same Constitutional rights and protections as Christian or monotheist citizens:
“The true historic meaning of “religion” excludes paganism and witchcraft … paganism and witchcraft were never intended to receive the protections of the Religion Clauses.”
Should this argument be accepted, the equal protection of all religious minorities in the United States could be cast into doubt. The First Amendment is supposed to guarantee religious freedom. What is happening is clearly unconstitutional.
The most comprehensive outline of the whole situation can be found at the Wild Hunt, and is essential reading for all pagans. Elysia Gallo of Llewellyn has added her voice. Cherry Hill Seminary has issued a press release supporting Patrick. Circle Sanctuary has expanded upon the recommendations in the Wild Hunt for action to be taken.
This case highlights the absolute necessity of the need for pagans to stand together. As a recent example of what can be accomplished when we stand united, was the Air Force Academy chapel agreeing to add a worship area for followers of Earth-centered religions. The military has been adopting a more liberal attitude towards minority religions over the past few years. To quote a member of the Sacred Well Congregation, “If we speak together, we are a chorus to be heard. If we whisper alone, we are but a sigh in the dead of night.”
Patrick suggests that we should write our demands to Jerry Brown, the California Attorney General, Governor Arnold Schwarzenegger, and Mathew L Cate, the Secretary of the CDCR (California Department of Corrections and Rehabilitation).
The time to act is now. We must demand equal treatment, equal accommodations, and equal access to our religious items for institutionalized persons. Once the rights we take for granted are taken away, it will be too late.
Tony Mierzwicki