While more and more people are becoming comfortable with the decision to be open with the world about their beliefs, many still have various, often multiple, reasons for keeping their practice a secret.
One might be concerned about discrimination in the workplace, strife among friends and family members, or even becoming a victim of a hate crime for their beliefs (and who can blame them when looking at the history of the treatment of witches?)
With these concerns, every Pagan/Wiccan/Witch should be informed about his or her legal rights, which I will share below:
Rights of Students in Private Schools
The general rule is that no private school may discriminate against a student on the basis of race, but pretty much any other issue (such as religion, or sexual orientation, for example) is something that gets thorny. For instance, a Catholic school might choose not to admit a gay or lesbian student because it goes against the philosophy of their church. Likewise, a Christian school may say, "We only want Christian students here." As long as they are not receiving federal tax dollars, this has been allowed by the courts in the past.
So, if you're going to a private school that has a policy against your wearing Wiccan religious jewelry, you're pretty much out of luck. If you were a public school student, you might have a case on your hands.
The Establishment Clause
It is this clause - the Establishment clause - that grants us the separation of church and state. The idea of “separationism,” as interpreted by man lawmakers, means that the government and agents of the state are prohibited from endorsing, establishing or supporting any and all religious affiliations.
So, how does the Establishment Clause benefit Pagans? Well, it’s pretty simple - it benefits you the same way that it benefits everyone else in America. It means that religions that aren’t yours can’t be forced on you, at least not legally, or under the guidelines of the United States Constitution. If you believe that you’re being treated unfairly, because of a violation of the Establishment Clause, it’s important to let someone know. There are a number of agencies that work towards religious freedom, who would love to hear your story.
“I’d love to practice my faith openly, but I’m afraid I’ll lose my job/my kids/my house/my hamster/whatever if I come out of the broom closet!"
While it’s true that there have been cases of discrimination against Pagans and Wiccans in certain parts of the country, the fact is that if you educate yourself about your own rights, it’s a lot harder for someone else to try to take them from you.
Here's How:
- If you live in the United States, the best place to start educating yourself is to understand the First Amendment
and how it affects you. In addition to guaranteeing us the right to
free speech, the First Amendment states that the government shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. What this means is that you’re allowed to be Christian, Wiccan, Jewish, Muslim,
a Satanist, or a member of the Grand High Order of the Sparkly Toaster
Oven, and there’s no one in the government who can prevent you from
holding your beliefs.
- Legally, you can’t be fired from your job, lose custody of
your kids, or have your house repossessed SOLELY on the basis of your
religious beliefs. However, there are a couple of things you need to
bear in mind. First, religion is not a viable defense if you’re doing
something illegal. You can’t neglect your children and then claim
religious discrimination when someone calls the authorities. Likewise,
if you fail to show up at work on time or you demonstrate a lack of
competence in your job, saying you got fired because you’re Wiccan or
Pagan probably won’t hold much water in a lawsuit.
- If you suspect you may be a victim of religious
discrimination, be sure to document EVERYTHING that takes place. Keep a
diary of any conversations or events that happen. Finally, understand
that there is a difference between discrimination and people just being
opinionated. Religious discrimination takes place when you are denied
the same rights as other people, on the basis of your religion. Someone
who tells you they think Wiccans are devil-worshippers or who asks you
if you’d like to join them at Bible study is not discriminating against you or persecuting you, they are merely sharing their opinion.
- There are some things you can do to help reduce the chance that you will be discriminated against on the basis of your religion.
Educate yourself about the laws in your area. Find out what your
local school board’s stance is on Paganism and Wicca, and learn what
your employer’s position is on taking time off for Sabbats or regarding
the wearing of religious jewelry.
Network with other Pagans and Wiccans. Even if you practice as a
solitary, there is strength in numbers. By making yourself known in the
Pagan community, you make it easier for like-minded people to come to
your aid if you need them to.
- Get to know your co-workers and neighbors. If someone knows
you as a friend or neighbor first, then when they figure out that you’re
Pagan or Wiccan, they’re far less likely to stir up legal trouble for
you.
- If you’re a parent, be sure to provide your children with
some sort of spiritual framework. Even if you plan to let them choose
their own path eventually, start giving them a foundation now for making
an educated decision later in life. If you find yourself in a
courtroom, it may make a better impression if you’ve provided your child
with some religious education.
- Understand that while you have religious freedom,
so do other people. If you’re involved in a divorce or custody battle
and your ex wants to take Junior to church on Sunday mornings, let them
go. It shows people that you’re open minded, and it also provides your
child a chance to compare religious paths.
- If you do have to go to court, dress in a conservative manner. Don’t show up wearing a cape, holding a sword, and sporting a pentacle the size of a large Schnauzer. Arrive clean, well groomed, and wearing a nice suit or dress. Be respectful of judges, attorneys, and even people who have made nasty accusations about you and your beliefs.
- Finally, be sure that you never sign any document without consulting a civil rights lawyer first. If someone presents you with a piece of paper and says you’ll only get your kids back if you sign it, call an attorney immediately. It’s better to wait a day or so to see your children than to unknowingly sign away your rights forever.
Tips:
- Ultimately, it’s important to understand that education equals empowerment -- you can protect yourself by becoming aware of the rights in your state or area.
- If you ever believe you may be set up for discrimination based on your religion, talk to an attorney -- try to find one who specializes in Pagan and Wiccan cases. Finally, make sure you’re setting the best example you can as a Pagan or Wiccan, so that when people meet you for the first time, they’ll get a good impression of people who practice nature-based faiths. You may be less likely to face discrimination if people get to know you as a person rather than just a symbol or piece of jewlery
Whether you're a member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, if you're a Wiccan or Pagan, you're entitled to the same religious rights as people of other faiths. You can have the word "Wiccan" imprinted on your dog tag, you can pray to your own gods or goddesses, and you can even attend services and rituals held on your base, if you're fortunate enough to be in an area that has other Pagans in it.
Government entities do recognize Wicca as a religion. In 2001, the revised edition of the U.S. Air Force Personnel Data System (MilMod) included Dianic Wicca, Druidism, Gardnerian Wicca, Pagan, Seax Wicca, Shamanism, and Wicca. Not only that, the Military Chaplain's Handbook acknowledges Wicca within its pages and outlines procedures for interacting with Wiccan and Pagan soldiers.
Pagans/Wiccans in the Workplace
Protection Under the Law
According to the "Employment at Will" act, your employer is allowed to hire, fire, promote, or demote you any time, for any reason, and without even stating a reason, unless you have a written contract that states otherwise. There are four exceptions to this:
- for your religion, color, gender, ethnic background or any other reason mentioned in the civil rights acts
- for filing complaints with Occupational Safety & Health Act (OSHA) organizations
- for organizing a union, which falls under the protection of the National Fair Labor Practices Act
- for any disability protected by the Americans with Disabilities Act.
If, for example, a supervisor asks you to remove a religious symbol at work, first ask that the request come in writing. Secondly, speak to the Human Resources Department if your employer has one. Let them know -- politely, and NOT in a manner that seems defensive -- that you are curious as to the company’s policy on wearing religious jewelry, and if it is applied to employees of all faiths. There’s a good chance your supervisor is simply uneducated, and a quick check with HR will nip things in the bud
.What About Sabbats?
Some Pagans and Wiccans take days off for religious holidays -- Yule, Samhain, etc. If your workplace is normally open on these days, you may have to use one of your personal days on these occasions. There are different rules applied to employers in the private sector and to government agencies -- check to see what your company’s policy is on taking time off for religious observations.
Can I Get Fired?
If you are suddenly facing the threat of termination after coming out of the broom closet, despite an excellent work history, you should contact a civil rights attorney who specializes in Pagan and Wiccan discrimination cases.
More on Your Legal Rights
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If you do decide to come out, there's also the decision of just how "out" you want to be. For some, close friends or even only their significant other is enough. Many people of all sorts of different religious affiliations choose to keep the details of the personal practices to themselves.
On the other end of the spectrum, there are those who are loud and proud. They walk their path, and are happy to let anyone know it.
I personally fall somewhere in between. It's definitely not a secret. All people who are involved in my life are aware, even though I don't regularly discuss my practices whatsoever with anyone but my husband. However, I do choose to wear a pentacle at all times. I don't go around announcing myself, but I'm not afraid to share with anyone who asks. I'm proud, but from the corner of the room you could say.
Where do you fall? Please do share whether or not you are "out", why or why not, and if you would or would not like to be!
Next Post: Coming Out of the Broom Closet Part Two: Advice for Coming Out
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