Pagan Rights in the United States
 
YOUR PAGAN STUDENT RIGHTS
Your Rights in Public Schools

   Schools in America today have become a battle ground for Religious Freedom. Many Pagans students in schools around the country find themselves under unfair and severe evaluation. Educators in many schools have prescribed to the Hollywood myths or the Christian Right's propaganda.The Supreme Court of the United States has ruled in favor of students rights in this matter.

What are your Rights?
  The Supreme Court of the United States in 1969 upheld the right of students to express their religious expression in public schools. Also in 1990 in the Westside Community Board of Education vs. Mergens case, the Supreme Court decided that Religious based clubs and prayer groups are allowed to meet on school campus.

What does this mean to me?
-Pagan Clubs in Public Schools
  The 1990 Mergens decision meant for the Religious community that since public schools receive federal funds and allow civic, recreational groups access to the school facilities they must allow Religious Groups the same access. Your Pagan group once acknowledged as a officially recognized group must be allowed access to the student newspaper, club activities, bulletin boards, and public address systems. 

Pagan Expression in Public Schools
   The public school system must allow their students First Amendment Rights. The students have the right to discuss their respective religion during lunch periods, between classes, recess periods, or during topics that religion is relevant. Note conduct rules apply a student may not be disruptive. Students may bring in books or symbols of their respective religions Students may wear t-shirts depicting religious symbols. Only when specifically written in the student guidelines that t-shirts are prohibited may a student not wear these items. Please use your common sense when dealing with this item. T-shirts depicting killing and blood or sexual content go beyond the typical realms of Religious expression.
   Students in Public High School may express their views on their faith. Students are allowed to pass out religious tracts and flyers concerning their faith and school clubs. The students may express their views concerning faith as long as it falls under the school discipline guidelines. Students in Junior High may have religious discussions with their fellow students, they have the right to pray and form religious based student groups.

What if I run into resistance?
   Most resistance that you will run into comes from lack of understanding. If you have a problem with a school administer please contact your local State Coordinator or the Pagan Awareness League directly. We will do our best to inform the schools of your rights as a individual living in the United States. If the school system still refuses to acknowledge your rights we suggest that you seek legal council.

Holidays
  A student is perfectly within their rights to express their beliefs concerning a particular religious holiday . In the case of Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969). a student may express their faiths concerning religious holidays. A student may pass out Yule or Samain cards or informational packets concerning the true meaning of these holidays. The Supreme Court stated in the School District of Abington Township v.Schemppthat "It certainly may be said that the Bible is worthy of study for its literary and historic qualities. Nothing we have said here indicates that such study of the Bible or of religion, when presented objectively as part of a secular program of education, may not be effected consistently with the First Amendment." 

Opting Out
   Parents may opt out their children from classes that go against their seriously held religious beliefs. The Hatch Amendment states parents have the right to inspect all instructional material, including that used in experimental or testing programs. Unless parental consent is given, no student shall be required to submit to any kind of test designed to reveal information concerning political affiliations, potentially embarrassing psychological problems, sexual behavior and attitudes, illegal and anti-social behavior, critical appraisals of family relationships, legally privileged relationships, and income.
   If your school practices a policy leaning towards a popular faith such as Christianity you have the right to opt your children out of those sessions. The Establishment Clause forbids the state from setting up one religion over and against other religions. Since these practices are religious and state -sponsored, they represent a violation of your rights.

YOUR PAGAN RIGHTS IN PUBLIC

Your Right To Public Places
   The use of Public Facilities has been a long fought battle. A court decision in the Lamb's Chapel case has established precedence to allow religious groups and organizations access to public facilities. Schools that offer their facilities to the public for rent to social, civic, or recreational uses must allow the same for religious groups. The Lamb's Chapel decision not only applies to schools, but any governmental facility that is open to the public for social, civic, or recreational uses.
   When the use of public facilities is required please follow all procedures that are in currently in place. Most facilities require you to fill out an application form. Fill the form out accurately and truthfully. If you come across a public facilitator that has written guidelines against the use of their facilities for religious purpose. Contact the administrators directly. Inform them they are violating a decision made by the Supreme Court in the Lamb's Chapel case. If the buildings administrators still refuse you access to their facilities we are here for you to contact. Lamb's Chapel v. Center Moriches Union Free School District, 113 S.Ct. 2141 (1993).

Your Right to Demonstrations
   The right to demonstration is often a very heated and debated topic. Demonstrations are a intergal part of how today's society makeup has come into being. The right to protest is one which requires diligence and foresight into your areas local laws and provisions. If you believe your cause is worthy of the work required know that it is well in your rights to do so.

   The Supreme Court has said that streets, sidewalks and parks "have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.". When the use of such areas are needed stay within the public areas and keep within the noise and assembly laws. These laws may be found at your areas local courthouse.  Check with the police department or the city manager's office for information on, and a copy of, any ordinance affecting the right to conduct a demonstration or march. If the requirements set out in such ordinances seem burdensome or inappropriate, seek out legal counsel on whether the ordinance is constitutional.

Pagan Displays
  Often during the Yule season we as Pagans feel that is would be nice to represent ourselves along with Nativity displays and their seasonal displays. To place a Yule display is constitutional in areas where churches, community groups, civic organizations, or private individuals privately display nativity scenes, or other religious symbols, on property which is considered to be open for the use of the public, such as public squares and governmental lands where other displays are permitted.

   The use of public areas that are open to other groups for expression must open their areas to you to place your Pagan needs. The Supreme Court stated that "[o]ur precedent establishes that private religious speech, far from being a First Amendment orphan, is as fully protected under the Free Speech Clause as secular private expression."

What does this mean to me?
1. Your coven or religious group may rent public facilities for meetings or seminars if those facilities rent to other groups

2. Your coven or religious group may protest or march against a cause. Follow your local guidelines and ordinances that deal directly with the area you are wishing to occupy.

3. You or any coven or religious group may place a Holiday display on public grounds if access is allowed to any other group.

4. You or any coven or religious group may place a Religious symbol on public grounds.

  4a. The placing of a pentacle at the site of a loved one's accident or death.

  4b. Entering your town the city must allow you to place a sign which identify s your coven or group if other groups have access to those areas.

  4c. Any area that allows for commercial rental of space for advertisement must allow the same access for Religious groups

YOUR PAGAN EMPLOYEE RIGHTS

Your Rights at the Work place
The Work place is a very difficult area for the Pagan to know what, when and how to react to instances of Religious Discrimination. A employee many not be fired because of their religious beliefs, an employee may not be passed over for a promotion, a employee may not be forced to remove a religious piece of jewelry. Dealing with what is discrimination and how to identify it is a not as hard as proving that it happens. We recommend that the employee logs every event of religious discrimination.

What do I do?
If you believe you have been discriminated because of your sincerely held religious beliefs we recommend filing a religious discrimination claim with the The Equal Employment Opportunity Commission (EEOC). The EEOC purpose as a governmental agency is to investigate claims of racial, sexual, or religious discrimination in the work place.  Employers are held to the Title VII of the Civil Rights Act of 1964. Title VII prohibits the discrimination based on race, color, sex, religion, or national origin.

 

"Collected Wisdom" made by Daniel S.  9/5/1998