Wicca vs. the Legal System

Wicca vs. the Legal System: Witchcraft is recognized in the United States as a legitimate religion. In 1985, Dettmer v Landon (617 F Supp 592) the District Court of Virginia pursuant to rule 52 (a) of the Federal Rules of Civil Procedure ruled that Witchcraft is a legitimate religion and falls within a recognizable religious category. In 1986 in the Federal Appeals court fourth circuit Butzner, J. affirmed the decision (799 F 2d 929) Since in most cases Federal law, even case law supersedes state law in this type of matter, the affirmation by Judge Butzner clearly sets Witchcraft as a religion under the protection of constitutional rights. The Church of Wicca (or Witchcraft) is clearly a religion for First Amendment purposes.

While there are certainly aspects of Wiccan philosophy that may strike some people as strange or incomprehensible, the mere fact that a belief may be unusual does not strip it of constitutional protection. Accordingly the Court concludes that “the Church of Wicca, of which the plaintiff is a sincere follower, is a religion for the purpose of the free exercise clause." Williams. J. 1985 Dettmer v. Landon Supra. “We agree with the district court that the doctrine taught by the Church of Wicca is a religion." Butzner. J. 19864th Circuit. Dettmer v. Landon Supra.