The Witches' Federal Law Memorandum
Statement of the Facts: Witchcraft in the United States is a living,
growing religion. As a religion, Witchcraft is protected by the
Constitution. The Law has the obligation to serve and protect Witches in
their religious endeavors, equally as much as it protects the rights and
freedoms of other groups. In the United States today, Witches are
entitled to the same rights and protections as other groups under the
First and Fourteenth Amendments.
ISSUE I: Is Witchcraft recognized as a legitimate religion in the United
States?
ISSUE II: Does the practice of Witchcraft fall within the parameters of
the First Amendment? protection clause?
ISSUE III: Are Witches entitled to rights under the equal protection
clause of the Fourteenth Amendment?
ISSUE IV: Are Witches entitled to the same rights and protections under
State Laws. applicable to where they live, as they are under Federal
Law?
ISSUE I: 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.
"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.
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. "We
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.
ISSUE II: 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"
ISSUE III: The equal protection clause is guaranteed to all people and
groups. If one group of people is entitled to equal protection than all
groups are. Witchcraft is accepted as a religion, therefore, Witches are
entitled to the same protections as al] other religious groups; under
the equal protection clause of the Fourteenth Amendment. "First 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)
ISSUE IV: 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."
CONCLUSION:
~Witchcraft is a legally recognized religion in the United States and
Witches are entitled to every right and protection for freedom of
religion, including freedom from harassment and prejudice as every other
recognized religion in the United States.
~The United States Constitution, under the First and Fourteenth
Amendments. supports the right of all peoples in the United States to
practice their own belief system and to enjoy this in each their own
manner.
~Lawyers and Law Enforcement Agencies have the obligation to protect the
rights of all people in their religious endeavors, no matter what they
may be, without bias or prejudice.
~Witches desire only to retain their right of religious privacy and to
practice their Craft as they see fit within the parameters of the law.
