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had the right to pick up mail addressed to The Church of Y Tylwyth Teg (a.k.a. Y Tylwyth Teg), and The
Association of Cymmry Wicca and delivered to a Georgia post office box. The 1989 decision recognized
both groups as valid religious organizations. 2 Many other cases are listed in the Welsh Witchcraft web
site. 3
Wicca has never been considered by the U.S. Supreme Court. However, that court once ruled on the
Santeria religion. The case was: Church of Lukumi Babalu Aye, Inc. and Ernesto Pichardo v. City of
Hialeah, 508 U.S. 520 (1993). This case involved the legality of animal sacrifices which are not a
practice of Wiccans. However, the ruling did recognize the rights of a religion which is very different
from Christianity and many other organized religions in America. If the legality and status of Wicca were
ever to be challenged in court, the Santeria ruling would likely be considered a precedent for the court to
follow.
Government recognition
Wiccan and other Neopagan groups have been recognized by governments in the US and Canada and
given tax exempt status. Wiccan priests and priestesses have been given access to penitentiaries in both
countries, and the privilege of performing handfastings/marriages. On 2001-MAR-15, the list of religious
preferences in the U.S. Air Force Personnel Data System (MilMod) was augmented to include: Dianic
Wicca, Druidism, Gardnerian Wicca, Pagan, Seax Wicca, Shamanism, and Wicca. 4
Some documents
The Alternative Religions Educational Network (AREN) maintains a list of documents designed to help
the Neopagan community fight for equal rights. 5 Included are:
Major court decisions: Dettmer vs. Landon: concerns the rights of a Wiccan inmate in a penitentiary
(described above) Lamb's chapel v. Center Moriches Union Free School District: concerns the rental of
school facilities after hours by a religious group. Church of Lukumi Babalu Aye, Inc and Ernesto
Pichardo v. City of Hialeah, (508 U.S. 520) in 1993: This concerns the right of a Santerian group to
engage in animal sacrifice during their religious ritual. This ruling by the U.S. Supreme Court is of
interest to Wiccans because it puts strict limits on laws that target specific religions or groups of
religions. Wallace vs Jaffree: concerns the Alabama "moment of silence" law which allowed an interval
of silence in place of prayer (until it was declared unconstitutional)
Excerpts from state constitutions which deal with religious rights. The text of the First Amendment to the
U.S. Constitution.
Other court rulings:
The 1964 concurring opinion by U.S. Supreme Court Justice Douglas, in the case of United States v.
Seeger, (380 U.S. 163), confirmed that the United States is a pluralistic nation, founded on the belief that
religion must not be used to indoctrinate or coerce. This was also supported by the majority ruling in Lee
v. Weisman, (505 U.S. 577) in 1992.
Military Courts of Justice in the U.S. have also found Wicca to be a valid religion, deserving of
protection under the First Amendment of the U.S. Constitution. In United States v. Phillips, (42 M.J.
346) in 1995) the concurring opinion by Judge Wiss stated: "First, Wicca is a socially recognized
religion. It is is acknowledged as such by the Army. See Dept. of the Army (DA) Pamphlet 165-13-1,
Religious Requirements and Practices of Certain Selected Groups: A Handbook for Chaplains (April
1980), revising A Pamphlet 165-13, "Religious Requirements and Practices of Certain Selected Groups:
A Handbook for Chaplains" (April 1978). Further, it is acknowledged as such in courts of law."
Useful references:
The text of Dettmer v Landon is ***** at
http://www.tylwythteg.com/landon.html
The text of Wheeler v Condon is ***** at:
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