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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:
http://www.usps.com/judicial/1989deci/md-45.htm
Rebecca Lawrence, "Case Abstracts on Freedom of Religion Law," at
the Welsh Witchcraft web site. See:
http://www.tylwythteg.com/caselaw.html
"The Pagan and the Pentagon," Wiccan Pagan Times, at:
http://www.twpt.com/pentagon.htm
"The Legalities of Practicing Wicca and Paganism" by the Alternative
Religions Educational Network (AREN) at:
http://www.aren.org/legislature.html
"Mike's Pagan Place" at: http://paganwicca.webjump.com/law.htm
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