The Wild Hunt's Notes
Is The First Amendment for Monotheists Only?
Fri at 2:00am
A case coming before the 9th Circuit Court of Appeals could end up having major legal ramifications for all religious minorities in the United States. Wiccan chaplain Patrick McCollum has been fighting for years to overturn the State of California’s “five faiths policy”, which limits the hiring of paid chaplains to Protestant, Catholic, Jewish, Muslim, and Native American adherents. While McCollum has suffered setbacks in his quest, with a California federal district court ruling in early 2009 that he had no standing to bring his suit, he recently gained support on appeal from several civil and religious rights groups who argue that his case should be heard.
“McCollum’s central claim strikes at the heart of the rights and freedoms that the Establishment Clause, the Equal Protection Clause, and Title VII were designed to guarantee. A state policy that classifies on the basis of religion (or any other protected ground) epitomizes disparate treatment that is properly subject to challenge by a member of the excluded group.” – From an Amicus Brief submitted by Americans United For Separation of Church and State, The Anti-Defamation League, The American Jewish Committee, The Interfaith Alliance, and The Hindu American Foundation
While decisions made so far have focused only on whether McCollum has standing as a taxpayer or non-inmate to bring his suit, a new Amicus Curiae filed by the National Legal Foundation, on behalf of a conservative activist organization called WallBuilders, argues that McCollum has no standing because modern Pagans aren’t guaranteed the same Constitutional rights and protections as Christian or monotheist citizens.
“The true historic meaning of “religion” excludes paganism and witchcraft, and thus, does not compel a conclusion that McCollum has state taxpayer standing … paganism and witchcraft were never intended to receive the protections of the Religion Clauses. Thus, in the present case there can be no violation of those clauses … Should this Court conclude that McCollum has taxpayer standing … this Court should at least acknowledge that its conclusion is compelled by Supreme Court precedent, not by history or the intent of the Framers.”
These statements, while certainly not representative of modern-day understandings of the Religion Clauses, have been seemingly welcomed by the California Dept. of Corrections and Rehabilitation (CDCR), as the amicus gives no indication that they are missing consent from the defense.
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