Legal Question in Constitutional Law in Oregon

religious protection

Can my parole officer state that I cannot practice the religion known as Wicca and if I am living in a foster home can the foster parents confiscate any item that relates to my religion?


Asked on 4/26/00, 2:44 pm

2 Answers from Attorneys

Linda MacDonald Glenn Law Offices of Linda MacDonald Glenn

Re: religious protection

Generally speaking, no they can't do that --- However, they can if it can be shown that this is somehow harming you or someone/something else. (eg -- ritual sacrifice). It also depends on your age, attitude, and other factors.

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Answered on 6/07/00, 9:51 am
Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: religious protection

You have two matters to tend to. First of all I found this guy that proclames that Wicca is protected constitutionally. He is at www.blast.net/norm3vog/fact.html. If he has got a legal argument it should be worth gathering for your self-defense against your parole officer. Otherwise here is a synopsis. No one can discriminate on the basis of religion when discharging a public function. However, if a court finds that such a religion is really a label for otherwise illegal conduct then protection is not provided.

Secondly, parole is a question of discipline. So if the parole officer can successfully establish that practicing Wicca has a pernicious effect on your reformation, then you are back were you started. He can cancel parole and send you back in.

Only on those two instances I think that your parole officer's actions are justified.

About your foster parents, forget about it. That's what parenting is all about, chiseling values into childern's minds. Therefore, there is no confiscation, technically speaking.

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Answered on 6/12/00, 2:31 am


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