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. |