(RNS) A volunteer Wiccan chaplain is headed to a federal appeals court in an attempt to get California to hire prison clergy outside five religious categories.
Supported by interfaith scholars and church-state separationists, the Rev. Patrick McCollum argues that the state policy has the “pernicious effect” of depriving inmates of other religious backgrounds from getting the services they need and deserve.
The court challenge began when McCollum, 59, a prominent leader in Wiccan and correctional circles, applied and was rejected for a full-time position as a chaplain in the California Department of Corrections and Rehabilitation.
“When I got to the personnel office, they refused to give me an application to apply for a state job because they knew that I was a Wiccan,” said McCollum, director of Our Lady of the Wells Church in Moraga, Calif., and leader of the National Correctional Chaplaincy Directors Association.
“They never reviewed my qualifications.”
At this point, McCollum’s appeal concerns whether he has legal standing to bring his suit; McCollum hopes the appeals court will rule on the broad issues in his claims, or send the case back to the lower court for another trial.
Wiccans practice a nature-based pagan faith that’s rooted in pre-Christian celebrations of the cycles of the seasons.
A spokeswoman for the state corrections department did not respond to repeated requests for comment. But in court documents filed with the 9th U.S. Circuit Court of Appeals, the department said the case amounts to a “decade-long crusade” by McCollum to get hired, and an attempt to force the department to create a “new pagan chaplain job” for him.
“The district court saw through the veneer of constitutional arguments, and dismissed McCollum’s claims as inappropriately premised on the rights of inmates, rather than his own,” the department wrote in a brief filed with the appeals court.
McCollum counters that his case is more than a fight over a job but rather an effort to expand the state’s policy of hiring only Catholic, Protestant, Jewish, Muslim, and Native American clergy as chaplains.
“I don’t need a job as a chaplain,” said McCollum, who works as a jewelry designer. “What I was hopeful is that they would open the opportunity for people, not just for Wiccan faiths, but for all minority faiths.”
He said members of Wiccan and pagan faiths sometimes outnumber members of other faiths who are permitted to have a full-time chaplain at the state’s correctional facilities.
In its court filing, the department said “the door to future changes in religious accommodation remains open” but defended its current policy.
“Some inmate religious groups require staff chaplains, others do not, and CDCR may employ only those chaplains needed to accommodate religious inmates, no more and no less,” it wrote. “A pagan staff chaplain is not necessary to accommodate pagan inmates, and CDCR is therefore barred from creating a pagan chaplain.”
In a friend-of-the-court brief, representatives of interfaith, pagan and Buddhist groups said the bias demonstrated by the department “extends beyond Wiccans/Pagans to all members of the interfaith community.” But they said the department is remiss in excluding a Wiccan or pagan chaplain for a faith tradition with an estimated 500,000 to 1 million practitioners in the country.
Advocacy groups — including Americans United for Separation of Church and State, the Hindu American Foundation and the American Jewish Committee — have joined in a brief urging the appellate judges to give McCollum his day in court.
“McCollum has taxpayer standing to challenge the religiously discriminatory manner in which the CDCR is using its funds,” they wrote.
WallBuilders, an Aledo, Texas-based organization that promotes the “godly heritage” of America, has filed a brief siding with the state.
It argues that the founders “did not intend the religion clauses to protect paganism and witchcraft” when they crafted the Constitution’s First Amendment.
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posted February 18, 2010 at 11:22 am
“”A pagan staff chaplain is not necessary to accommodate pagan inmates, and CDCR is therefore barred from creating a pagan chaplain.””
It is blatant discrimination, plain and simple. Best of luck Rev. McCollum, may you bring the walls tumbling down and bring service to those of our faith who have need.
Besides, I seriously doubt that the other Chaplin’s have a clue as what to do in a Wiccan/Pagan/Heathen ritual.
“WallBuilders, an Aledo, Texas-based organization that promotes the “godly heritage” of America, has filed a brief siding with the state.”
“It argues that the founders “did not intend the religion clauses to protect paganism and witchcraft” when they crafted the Constitution’s First Amendment.”
Let the wall builders say what they want. Their comments show what their real aim is all about. Besides, it lets the rest of the country see them for what they are, the American Taliban.
posted February 18, 2010 at 12:24 pm
Heathens and Pagans who are incarcerated experience a great deal of discrimination. As the former correspondence officer for Covenant of the Goddess, a Wiccan Clergy organization, and a member of The Troth, I can tell you that both organizations get tons of letters from prisoners who say that they cannot practice their religion because the chaplains there are not willing to help them have chapel time, etc. I could go on and on.
I had an Imbolc ritual recently in CSP-Los Angeles County where the Sgt told me I couldn’t light a candle. That infuriated me since I have been bringing lighters and candles in since 2005. Without a Pagan chaplain to help advocate for these inmates, or at the very least a chaplain who is willing to help regardless of his own religious beliefs (we have a Muslim Chaplain at our facility who is a friend to the pagans, heathens, buddhists and other alternative religions), pagans are not going to be able to practice their faith traditition.
posted February 18, 2010 at 1:07 pm
People in the U.S.A. have been given Freedom of Religion. That means all peoples religions.
posted February 18, 2010 at 1:56 pm
I think this case would make more sense and have more credibility if it were brought by inmates, and not by someone who is outside the system. I realize the intent is to help people who are incarcerated. But I get the sense that the court would take it more seriously if the prisoners declared their rights were being violated – then McCollum could stand and offer his services. This is simply a different way to think about the larger goal for them.
posted February 18, 2010 at 3:01 pm
@jestrfyl,
Actually the case is a class action brought by McCollum and several Pagan inmates. The ongoing assertion in the press that this is McCollum acting alone is incorrect.
posted February 18, 2010 at 3:16 pm
Pagan inmates are plaintiffs in the case, too. Be informed. Go see the briefs at this url. https://sites.google.com/site/patrickmccollumappeal/
posted February 18, 2010 at 3:18 pm
Check out this other article on the subject at the Washington Post:
posted February 18, 2010 at 3:20 pm
Yes, I agree with the first post, written by G9, this is blatant discrimination. I wish him luck….he needs it.
)
Godly heritiage? Oh! PLEASE! Did that group ever hear of “freedom of religion” in this country? Just what are those folks (and many others) so afraid of? SAAAAAAATAN perhaps??
posted February 18, 2010 at 7:32 pm
Then they darned well should have said so. At that time witchcraft wasn’t popular so they surely could have said so.
What a pathetic group y’all are, Wallbuilders!
posted February 18, 2010 at 7:54 pm
he has my support ive become a legallly ordained wiccan minister for equality thats all pagans want which is why i am proud to be wiccan
posted February 18, 2010 at 9:44 pm
Best of luck Rev. McCollum… May the Goddess/God Be with you on this journey and help you along the way to open the Eyes of others and see that this is needed!!
posted February 18, 2010 at 11:25 pm
I urge all Americans — particularly those under oath to support the Constitution of the United States, as I am for various offices — to look carefully at the arguments being made in this case. If a State or an agency for the State can continue to define what is a valid religion under Amendment 1, then the liberties of all people, of the favored faiths of the moment or of no declared faith, are at risk. If your religion is Tier 1 today, it may be declared invalid tomorrow at the whim of public officials.
I am a Quaker and I am an ordained minister and Pagan priestess, serving people of all faiths or none as a hospital chaplain. I firmly support Rev. McCollum and the inmates who are Plaintiffs in this case and hope the courts will honor their own oaths to the Constitution in finding in their behalf.
posted February 19, 2010 at 12:00 am
I wish Rev. McCollum all the best, he should be more than able to apply for a chaplain position, as should other minority faiths.
And for those “nice” WallBuilders people who claim that the US has a “godly heritage” should learn some history. Most of the founding fathers were Deists, NOT Christians. This website, http://www.nobeliefs.com/pagan.htm
is probably one of the better one’s I’ve come across that explains this fact.
My favorite quote: “But it does me no injury for my neighbor to say there are twenty gods or no god. It neither picks my pocket nor breaks my leg.”
– Thomas Jefferson
Spoken like a true man of “godly heritage”…
Blessed Be!
posted February 19, 2010 at 12:33 pm
Blessings, Although it is against employment policies to discriminate a persons beliefs under the equal employment act,it seems not so for applicants. I do understand how someone who is ignorant of others religous intent,might be judgemental. I intend to petition my state for tax exempt status for pagan worship centers in Florida. Paganism in it’s nature worship goes back 250,000 years(talk about “established” religions!). But with all new concepts,time is on our side. Besides most people of wiccan belief also believe in 12/21/2010,so we better move our butts if we’re going to have a mass prayer for deliverance of followers. Walk the Spirit Path!!!!
posted February 19, 2010 at 1:15 pm
As a dedicated asatruar for the past 19 years, it has never even occurred to me that this sort of discriminatory practice could still be defended by any court of law.
Of course, I also live in a state where marriage is strictly defined, by law, as between a man and a woman only.
I hope the judge who hears this appeal has the wisdom to know that this case will bear a great degree of weight on future rulings of this nature, and will therefore consider his thoughts carefully.
posted February 19, 2010 at 1:51 pm
If you would like to read all of the briefs Patrick McCollum has provided the following link. He urges everyone to make sure everyone has the accurate information by linking this to all of your sites.
https://sites.google.com/site/patrickmccollumappeal/
posted February 19, 2010 at 3:00 pm
“most people of wiccan belief also believe in 12/21/2010″
1. What, other than a date, is12/21/2010?
2. If, as I take from YN’s post, it’s a prediction of disaster, how does he know most wiccans believe in it? On the face of it that’s like letting Pat Robertson represent Christians.
3. ps, as a normally rational person and a wiccan, what do you think about 12/21/2010?
posted February 19, 2010 at 3:49 pm
That date, nnmns, is, according to Mayan preditions, a time of transition from one World Age to another. It is not the end of the world, but a time of change. Too complicated to explain. To me, it is as accurate as those End of the world predictions made by many other faiths. What will be doing on 12/21/10? Getting ready to celebrate Christmas on the 25th Dec. with my first grandchild, a boy, to be born around April 5, 2010.
posted February 19, 2010 at 4:33 pm
I worked for the County of Kern for 30 years. It was my belief that discrimination due to religion is a federal offense. If a person has the proper credentials and qualifications for the job, it is illegal to refuse them the position. The person who committed this offense is supposed to be, at the least, suspended, and can be fired, or even barried from any positions within the system.
Someone needs to be firmly reminded that there are laws protecting a U.S. citizen’s right to practice whatever religion they want. It’s not just a personal choice, it’s a Constitutional right, and it’s THE LAW.
posted February 19, 2010 at 7:17 pm
Congratulations Pagansister on your first grandchild, a little boy! What good times are ahead for all of you!
posted February 19, 2010 at 7:30 pm
Yes, congratulations, indeed!
posted February 19, 2010 at 7:51 pm
Thanks, Henrietta and nnmns. I’m so excited I can’t stand it. His name is Hayden, and he is the creation of my son and his wife.
)
posted February 19, 2010 at 8:31 pm
“It argues that the founders ‘did not intend the religion clauses to protect paganism and witchcraft’ when they crafted the Constitution’s First Amendment.”
Well, that’s probably because they were afraid of getting turned into newts. The founding fathers were smart for their time, I’m sure, but it was the eighteenth century.
posted February 21, 2010 at 2:41 pm
That is so funny Mordred! Witchcraft was always equated with Paganism so you’re probably right.
The Air Academey has a Wiccan Pastor for Wiccan members in the Air Force A., and Wiccan’s religion is accepted by the Armed Forces, so they should have a minister for Wiccans in the Prisons.