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This book explores the legal bias in the United States against Paganism and other non-Christian religions. Despite being one of the most religiously diverse countries in the world, the U.S. legal system developed when the population was predominantly Christian. Built into the law is the tacit assumption that all religions and religious practices resemble Christianity. Using the Pagans as a case study, Barner-Barry shows how their experiences demonstrate that both the law affecting nondominant religions and the judiciary that interprets this law are significantly biased in favor of the dominant religion, Christianity. This creates legal problems, as well as problems of intolerance, for religions with significantly different practices. Special attention is given to a series of Supreme Court decisions interpreting the Freedom of Religion Clause in terms of neutrality and interpreting the Establishment Clause loosely and its impact on nondominant religions in the US.
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Contemporary Paganism
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Contemporary Paganism: Minority Religions in a Majoritarian America
Carol Barner-Barry
CONTEMPORARY PAGANISM
© Carol Barner-Barry, 2005. All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles or reviews. First published in 2005 by PALGRAVE MACMILLAN™ 175 Fifth Avenue, New York, N.Y. 10010 and Houndmills, Basingstoke, Hampshire, England RG21 6XS Companies and representatives throughout the world. PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. Library of Congress Cataloging-in-Publication Data Barner-Barry, Carol, 1938– Contemporary paganism: minority religions in a majoritarian America / Carol Barner-Barry. p. cm. Includes bibliographical references and index. ISBN 1–4039–6441–6 1. Neopaganism—United States. 2. Freedom of religion— United States. 3. United States—Religion. I. Title. BF1573.B37 2005 323.44⬘2⬘0882994—dc22
2004057315
A catalogue record for this book is available from the British Library. Design by Newgen Imaging Systems (P) Ltd., Chennai, India. First edition: March 2005 10 9 8 7 6 5 4 3 2 1 Printed in the United States of America.
To SpiralHeart
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C o n ten ts
Preface
ix
Introduction: Majorities, Minorities, and Religious Diversity
1
Chapter 1
9
Chapter 2
Chapter 3
Chapter 4
The Historical and Legal Context Free Exercise as a Legal Concept The Native American Experience The Sherbert Test in the Post-Smith Era The Legal Status of Emerging and Minority Religions
11 13 19
The Emerging Pagan Movement in America
29
Widely Shared Core Beliefs Men and Women in Paganism The Pagan Mythical Basis Pagan Identity
31 35 40 49
The Challenge of Christian Hegemony
57
Accusations of Satanism Nontraditional Religious Identity and the Law The Judiciary
59 67 73
Paganism as a Religion
81
The Legal Definition of Religion Places for Worship Ordination and Clergy Status Religious Holidays
23
81 91 100 108
viii / contents
Chapter 5 The Other: Religious Diversity and the Social Order Child Raising and Conformity School System Enforced Conformity Public Appearance and Dress Chapter 6 Threats, Intimidation, and the Strategic Use of Fear Workplace Harassment and Depriva