by Isobel Bird
Cooper felt like getting up and running out. It was clear to her—more than clear—that the board had absolutely no intention of changing its mind. She felt as if she were sitting in Mrs. Greeley’s history class again, watching as she counted the votes and knowing that her time was running out. They were going to lose, and it was only a matter of minutes before that was made official.
All of a sudden there was a commotion as the doors to the room opened. Cooper turned to see Sophia sweep into the room. Behind her came a woman wearing a smart blue pants suit. Her blond hair hung to just below her shoulders, and she carried a brown leather briefcase.
Sophia rushed to the front and sat down next to Cooper. “Sorry we’re late,” she whispered. “Maggie’s plane was late getting in from New York.”
“Who are you?” asked Mr. Dunford, looking at the two women irritably.
“My name is Maggie Jerrold,” said the blond woman.
“And what is your purpose here?” Mr. Dunford asked.
“Actually, I’m a lawyer,” said Maggie. “I’m the senior legal counsel for the firm of Applegate, Whiting and Brisbey in New York.”
Mr. Dunford looked at the other board members, all of whom appeared as confused as he was.
“I am also a witch,” Maggie continued. “I have been for almost twenty years.”
Cooper watched the looks on the faces of the board members change from confusion to utter shock. She knew they couldn’t believe that the professional-looking woman standing in front of them was a witch.
“Are you here on some legal matter, Miss Jerrold?” asked Mr. Adams, looking at the lawyer as if he wished he could make her disappear. “Because this is not a legal proceeding.”
“It’s Ms. Jerrold,” said Maggie. “And no, I’m not here on a legal matter, at least not yet.”
She let her last words sink in as she opened her briefcase and removed some papers. Cooper could see the board members looking at one another uneasily as she did so.
Maggie turned around and faced the board again. “I understand that several people—including people on the board—suggested to Ms. Rivers that Wicca is not a legitimate religion.”
“I believe what was said was that it is not recognized as a religion in the same way that other religions such as Judaism and Christianity are,” said Mrs. Tracy coolly.
“I see,” said Ms. Jerrold. “In that case, I would like to point you to the 1985 case of Dettmer vs. Landon. Mr. Dettmer was an inmate at the Powhatan Correctional Center in State Farm, Virginia. Prison officials repeatedly refused his request for candles, incense, statues, and other articles he required in order to practice his religion, which was Wicca. The excuse they used was the same one you appear to be using—that Wicca is somehow not as legitimate as other religions are. Well, the court saw differently. They ruled, and I quote, ‘While there are certainly aspects of Wiccan philosophy that may strike most people as strange or incomprehensible, the mere fact that a belief may be unusual does not strip it of constitutional protection.’ ”
“Are you telling us that we should allow one of our students to wear the symbols of a so-called religion just because a convicted prisoner was allowed to do so?” Mr. Adams asked.
“No, sir,” answered Maggie. “I’m telling you that you should allow her to wear it because the right to freedom of religious expression is guaranteed under the First Amendment to the United States Constitution. Since Wicca is a legally recognized religion, I see no merit in the argument that you’ve been using to prevent Ms. Rivers from exercising these rights.”
There was a stir in the audience as many people began to talk among themselves. A man in the back stood up. “Just because it’s a religion doesn’t mean it’s right,” he said.
“Please,” Mr. Dunford said. “Let’s keep this orderly.”
“Ms. Jerrold,” said Mrs. Reeder. “I can accept that Wicca is a religion under the law. But the fact remains that the symbol that Miss Rivers wants to wear is upsetting to a great number of students. Just look at all the names on this petition.” She held up Sherrie’s petition and waved it.
“I’m sure it is upsetting to a great number of people,” replied the lawyer. “But Cooper still has the right to wear it.”
“Not if we say she doesn’t,” said Mr. Alvarado. “I understand that neo-Nazis and Klansmen are allowed to hold demonstrations, but we don’t allow them to parade through the halls of our schools in their uniforms.”
“I’m not here to argue about the rights of those people,” Maggie said. “But I can tell you that if Ms. Rivers so chooses she can take this matter to court. And I can also assure you that she will win. In March 1999 a student named Crystal Seifferly won just such a suit against the Lincoln Park School Board in Michigan. Like Ms. Rivers, Ms. Seifferly was asked to stop wearing a pentacle. Like you, the school board there attempted to equate the symbol with gang symbols and the symbols of Nazism and racial hate groups. However, the court ruled that the pentacle is a legitimate symbol of a recognized religious faith and as such cannot be banned.”
Mr. Adams leaned back in his chair, glowering at Maggie Jerrold. He threw his pen on the table. The rest of the board members looked at one another. Ms. Chisolm and Professor Weingarten were smiling, but the others looked very unhappy.
“You can’t let them do this, Marty!” yelled someone from the back as a number of other people seconded the declaration.
Mr. Dunford ran his hand over his mouth. “I don’t see that we have a choice,” he said. “If Ms. Jerrold’s examples are legitimate—and I have no reason to think that they are not—then this could result in a very expensive legal battle for us. I don’t think anybody wants that. So in light of all that we’ve heard here, I think we’ll have to overrule ourselves and lift the ban.”
Many people in the crowd began booing and hissing, but Cooper’s supporters stood and began cheering. Some of them were hugging each other and laughing. Cooper’s father looked at her and smiled. “We won,” he said.
Suddenly, Cooper found herself standing up. “I want to say something,” she said loudly.
The cheering and booing stopped as everyone looked at Cooper. She looked around the room at the expectant faces, then turned to face the school board.
“I never wanted this to turn into a legal thing,” she said. “There’s a law in Wicca that says that you should never force people to do something against their will. I know that doesn’t exactly apply to this kind of situation, but I still think it’s true. But if that’s the only way to get you people to listen, then I guess I’ll take it. I appreciate what Ms. Jerrold did here tonight. And I do think it’s important that people understand that Wicca is a real religion and that Wiccans have the same right to wear the symbols of our faith as Christians and Jews and Muslims and everybody else does.”
The room was silent. Cooper felt her heart pounding. She knew everyone was listening to her. She hadn’t planned on saying anything, but now she knew that she had to keep talking. As she’d listened to Maggie Jerrold speak, she’d suddenly realized what the past few weeks had really been about for her.
“But when it comes down to it, this isn’t about laws. This is about people. I’ve taken a lot of grief for doing this. My friends have taken a lot of grief. Why? Because there are some of us who believe in something that the rest of you don’t. Most of you don’t know what it’s like to have people try to beat you up because they think what you stand for is weird. You don’t know what it’s like to have people be afraid of you because you’re different. Well, I feel bad for you people, because even though this has been one of the hardest things I’ve ever done, I’ve learned something really important.
“I don’t need to be able to wear this pentacle to know that who and what I am is valid,” she continued. “I know that anyway. I know because even though a lot of people have tried to stop me I’ve kept going. Before school started my friends
and I did a ritual where I charged this pentacle with energy. I wore it hoping that it would help me face the challenges that came my way. Well, I have faced those challenges. But it wasn’t the pentacle that helped me. It was the people in my life who supported me. Some of them are Wiccan and some of them aren’t. But all of them respect me as a person, and they respect what I believe.
“I’ll wear my pentacle,” she said. “If that bothers some of you, that’s your problem. But I’ll wear it not to prove a point but because I’m proud to be Wiccan. I’m proud to be part of a group of people who care about me and who don’t judge other people because of what they look like or what they believe. I’m proud to say that this is who I am.”
She stopped talking and looked at the people looking back at her. Some of them were nodding their heads in approval. Others were most definitely scowling at her. I don’t care, she thought suddenly. I don’t care what they think. This isn’t about them. It’s about me. She felt happy, happier than she had in a long, long time. She didn’t need anyone’s approval or anyone’s permission.
“I’m proud to be Wiccan, too.”
Cooper looked up and saw Annie standing beside her aunt. She was looking at Cooper and smiling. Cooper smiled back.
“I’m proud, too,” said Sophia, standing up so that everyone could see her.
“Me, too,” chimed in Tyler, who was quickly followed by Rowan and several members of their coven, all of whom stood together, holding hands.
All around the room people stood up and said, “I’m proud to be Wiccan, too.” Cooper watched them. Many she knew, but many she didn’t. She looked at the different faces, each of them looking at her with pride. There were probably forty people standing, while the rest of the crowd looked at them.
“I’m proud to be Wiccan, too,” said a quiet voice.
Cooper looked to see who had spoken and saw Kate pushing her way to the front of the room.
Oh, Goddess, she thought as she watched her friend come to stand beside Annie. You are in such trouble now. But Kate was smiling as she stood there, surrounded by many of her family’s friends and neighbors, people who were sure to tell the Morgans what their daughter had done.
Cooper turned back around and looked at the board members. Many of them were looking down at the table, but some were watching her with a new respect. Mr. Adams, though, looked like he was about to burst. Looking at him, Cooper let out a satisfied laugh.
Maggie Jerrold came to stand beside her, putting her arm around Cooper. “Good work,” she whispered in her ear. “They’re never going to forget this for as long as they live.”
Cooper looked around, taking in the people standing with her. There were a lot of issues that hadn’t been resolved yet, and she knew that difficult challenges still awaited her. But for now she was happy, and she knew that when she needed strength she could remember this moment and remember what it felt like to win on her own terms.
“Neither will I,” she said to Maggie. “Neither will I.”
Know your Rights
In The Five Paths, Cooper discovers that not everyone is accepting of people who proclaim their interest in Wicca.
So what are your rights as a young person interested in the Craft, and as someone who might want to express her involvement in Wicca?
First of all, it’s important to understand that Wicca is a legally-recognized religion in the United States. That means that people who practice Wicca enjoy the same freedoms and protections as people who practice Christianity, Judaism, Islam, Hinduism, or any of the many other religions recognized by the government. So if anyone tries to tell you that Wicca isn’t a “real” religion, refer them to the several court cases involving Wiccan beliefs and practices.
There is, for example, the 1985 case Dettmer v. Landon, which was decided by the District Court of Virginia. In this case, the court ruled that Wicca is “clearly a religion for First Amendment purposes.” Since the First Amendment protects, among other things, the freedom of religious expression, the rights of Wiccans to practice their religion and to express their faith is protected under that amendment. This decision, which was appealed, was later upheld by the Fourth District Court of Appeals.
While the U.S. Supreme Court has never directly addressed the issue of Wicca, the court has dealt with the rights of people to engage in the practices of Santeria, another pagan religion, in the case Church of Lukumi Babalu Aye, Inc. and Ernesto Pichardo v. City of Hialeah, 508 U.S. 520 (1993). This particular case involved the right of followers of Santeria to engage in animal sacrifices as a part of their faith. While Wicca never involves the sacrifice of animals or other living things, this case is important to Wiccans because in it the court recognized the rights of religions that differ from more "accepted" religions, and it has been used successfully on several occasions to defend the rights of Wiccans to practice their beliefs.
So what does all of this mean for students who are Wiccan? For one thing, it means that if your school allows other religious groups to use school property to hold meetings, the school must allow Wiccan students to do the same thing if they wish to. The school cannot discriminate against Wiccans any more than they could discriminate against a Bible study group or church group using school facilities.
The rights of students to express their religious beliefs was further outlined in the 1995 Equal Access Act. This document, sent to all public school administrators by the U.S. Secretary of Education, outlined the rights of students and the responsibilities of school administrators when it comes to dealing with issues of religious expression in schools. Among other things, the Equal Access Act stressed the rights of students to express their religious beliefs in the form of clothing or jewelry, stating: “Students may display religious messages on items of clothing to the same extent that they are permitted to display other comparable messages. Religious messages may not be singled out for suppression, but rather subjected to the same rules as generally apply to comparable messages.”
What does this mean in plain English? Essentially, the Equal Access Act says that no school administration may prevent students from wearing items of religious expression (for example, a pentacle, cross, or Star of David, or clothing with images of these things on them) simply because they find it disturbing or disagree with their message. While schools can forbid students from wearing items of clothing that express profanity or racist, homophobic, misogynistic, or otherwise offensive images or statements, they cannot limit some religious expression on clothing unless they limit all religious expression on clothing. In other words, if your school allows students to wear crosses or other religious symbols, they must also allow students to wear pentacles or other images associated with Wicca.
If you come into conflict regarding this issue, you should do the following:
1. Don’t start an argument. If a teacher or school official says that you aren’t allowed to wear a pentacle or other item of clothing or jewelry reflecting your Wiccan beliefs, don’t get into a screaming match. You’re going to get the best results if you approach the situation calmly. Not only will this help you feel better, but it will show the school officials that you are a responsible, reasonable person.
2. Collect the information you need to fight back. Make a list of the court cases discussed above, as well as other cases relevant to the issue. Get copies of the rulings in those cases. Also get a copy of the 1995 Equal Access Act. This material is available on several excellent websites, most notably WitchVox (www.witchvox.com). Having these documents with you will prepare you to speak knowledgeably about the subject, and will also give you incontrovertible proof of what you’re saying. Meetings where both sides just yell or argue don’t accomplish anything, but meetings where you come prepared will likely yield results.
3. Schedule a meeting with the school principal or head administrator. If possible, have your parents come with you. At the meeting, explain your situation and let the admini
strator know that you understand your rights, as well as the responsibility of the school to uphold your rights. Again, try to remain calm and keep the conversation neutral. If the person you’re meeting with disparages Wicca, or tries to belittle your concerns, inform that person that you’re fully prepared to take the matter to the school board, the head of the school district, or whomever you need to, to get it resolved.
Usually this will settle the matter. If it doesn’t (and sometimes schools will try to argue that their own rules take precedence over government-mandated laws) then you might consider contacting a lawyer. Sometimes a simple letter from a lawyer will show that you mean business, and cause reluctant school officials to back off. Note, too, that the Equal Access Act does not apply to private schools, although you may be able to successfully argue your point there as well by reminding the school officials that religious discrimination of any kind is prohibited under the First Amendment.
These same principles apply if you’re interested in starting a Wiccan club that meets at your school. Again, the Equal Access Act provides guidelines for the use of public school facilities for religious groups: “Student religious groups at public secondary schools have the same right of access to school facilities as is enjoyed by other comparable student groups. Under the Equal Access Act, a school receiving Federal funds that allows one or more students noncurriculum-related clubs to meet on its premises during noninstructional time may not refuse access to student religious groups.”
Again, if you want to start a Wiccan student group at your school, do some groundwork first. Find out what the proper procedures are for starting a club and obtaining official status in your school. This might mean getting a teacher or other faculty member to act as a sponsor, or writing up a proposal for your club that outlines its purpose and what would take place at club meetings. Remember, if your school allows other religious groups to meet at the school and use its facilities, it must also allow Wiccan groups to do the same, providing you’ve followed the set procedures for establishing the group and requesting use of the school facilities. Similarly, the school is required by law to allows religious student groups to use school media – including newspapers, bulletin boards, and the public address system – to announce meetings and other club-related events.
