Wicca and the Law

Is Wicca a Protected Religion in the US?

Checking my Mandragora Magika website’s email every day is like “I wonder what happened today?” I get all kinds of silly stuff that I mostly ignore but I also get harassed by people that have little understanding of what Wicca is. Whether you believe Wicca is a religion or not, it is recognized as a religion protected by the first amendment in the US.

I created this blog post so that I have an easy way to reference this material and educate the community on some of the history of their religious rights.

1986 - Dettmer v. Landon

In 1986, Wicca became recognized by the United States as a religion in the case of Dettmer v. Landon which started August 28, 1985. Herbert Dettmer was an incarcerated Wiccan who claimed that the prison violated his right to freely exercise his religion by refusing materials he needed to practice. He specifically wanted access to sulfur or salt, a timer, a statue, candles, incense, and a white robe.

After the courts review, they concluded that Wicca "was" a religion and "was" protected under the first amendment. With some stipulations Herbert was allowed some of the items he needed, and he agreed to provide a secure box for the items and the prison officials could supervise if they deemed necessary.

2005 - U.S. Army Sgt, Patrick D. Stewart

In 2005, Wicca was also recognized as a religion by the Department of Veterans Affairs and the United States military who approved the upright Pentagram (Emblem 37) as an acceptable symbol for headstones and markers after U.S. Army Sgt, Patrick D. Stewart became the first Wiccan to die in combat. That fight didn’t come easily but through the tenacity of his widow and Selena Fox of Circle Sanctuary, they prevailed.

There are now 80+ symbols recognized by the US including other pagan symbols like Thor's Hammer (Emblem 55) and the Druid Awen (Emblem 65).

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights, adopted by the United Nations on December 10, 1948, sets out the basic rights and freedoms that apply to all people. The freedom of religious belief is set out in Article 18. Currently, the United States of America subscribes to the United Nations and signed this Declaration.

Article 18: "...Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom (either alone or in community with others in public or private) to manifest his religion or belief in teaching, practice, worship and observance."

An expanded version in 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

More Education

For those of you that may be dealing with law enforcement there is a book called "The Law Enforcement Guide to Wicca" written by Kerr Cuhulain, a Wiccan and a retired Vancouver Police Officer. It could come in useful to anyone that is dealing with non-understanding law enforcement or lawyers even if it covers Canadian law.

Stay Informed

Wicca is misunderstood by many so knowing some of the history of your rights as a minority religion is important. We have seen in the US how quickly things that we thought were safe can change. Don’t take your religious rights for granted.

Be Well.

#Wicca #Witchcraft #Pagan

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ABOUT SI MANDRAGORA

Si is a Gardnerian High Priest and Minos in the Minoan Brotherhood operating in Flagler County, FL. A practitioner of various kinds of witchcraft since adolescence, he now runs Mandragora Magika, creates occult art, grows all kinds of plants but mostly in love with the poisonous variety. Si holds a degree in Graphic Design from the Art Institute.