Your
Rights in the United States
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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. "