The Long Arm of the Lugh

PRELIMINARY FINDINGS *** NEW HAMPSHIRE COMMISSION FOR HUMAN RIGHTS *** 163 LOUDON Road CONCORD, NH 03301-6053 TDD Access Relay NH 1(800)735-2964 FAX: (603) 271-6339 EXECUTIVE DIRECTOR RAYMOND S. PERRY, JR. - 271-2050 DEPUTY DIRECTOR JOHN W. CORRIGAN - 271-2055 INVESTIGATORS LORNA D. MARDIN - 271-2054 ROXANNE JULIANO - 271-2051 BILL HAGY - 271-2440 LINDA E. CHADBOURNE - 271-7930 KATHERINE A. DALY - 271-6838 GERALDINE K. TURNER - 271-6621 EXECUTIVE SECRETARY SHERYL FOY - 271-2879 COMMISSIONERS BARRY J. PALMER, Chair GAIL F. PAINE GAIL G. GUNN LOREN JEAN JOHN J. COUGHLIN, Esquire RALPH BRICKETT MICHAEL R CHAMBERLAIN, Esquire September 19, 1996 Diane DesRochers 38 Fitch Bridge Road Groton MA 01450-1253 William E. Strickland, Jr., Esq. Brighton & Runyon P.O. Box 674 Peterboro, NH 03458-0674 Re: PAR 5596-95 Diane DesRochers v. Cathedral of the Pines Michael Chamberlain, Commissioner in Charge of the above-captioned complaint of religious discrimination in public accommodation, having reviewed the charge, the response, and the Investigator's report, finds as follows: 1. The above charge was timely filed with the New Hampshire Commission for Human Rights on July 10, 1995. 2. The Cathedral of the Pines, located in Rindge, New Hampshire, is a public accommodation within the meaning of N.H. RSA 354-A:2, XIV. It is an establishment which offers its facilities to the general public, and it does not fall within the exemption for institutions or clubs which are in their nature distinctly private. Diane DesRochers v. Cathedral of the Pines Michael Chamberlain, Commissioner in Charge of the above-captioned complaint of religious discrimination in public accommodation, having reviewed the charge, the response, and the Investigator's report, finds as follows: 1. The above charge was timely filed with the New Hampshire Commission for Human Rights on July 10, 1995. 2. The Cathedral of the Pines, located in Rindge, New Hampshire, is a public accommodation within the meaning of N.H. RSA 354-A:2, XIV. It is an establishment which offers its facilities to the general public, and it does not fall within the exemption for institutions or clubs which are in their nature distinctly private. 5. An Investigation has been conducted, documentary evidence has been submitted by both parties, and witnesses have been interviewed. The investigation shows: a. Respondent was established in 1946 as a war memorial and a place where the public could come and worship or meditate. Originally a public trust, the respondent is now organized as a New Hampshire voluntary (non-profit) corporation. It is exempt from federal income taxation. b. The respondent supports itself through voluntary gifts and from fees for entrance and parking, sale of burial plots, a bed and breakfast, museum and gift shop, and rental of the facilities for weddings, baptisms, bar mitzvahs, baccalaureates, dances, and other occasions. c. The facilities are used by private organizations and parties, as well as by public organizations and individuals. d. A plaque on a stone on the grounds of the respondent stated that it is "Dedicated to Almighty God as a Place Where All People May Worship." Respondent has taken the position that 'Almighty God' means the God of Abraham, and that only clergy in faiths worshipping this particular god (i.e. Jews, Christians, and Muslims) may conduct ceremonies at the Cathedral. e. The respondent advertises itself as open to the public non-denominational, and open to *all* faiths, however, organizational documents provide that the Cathedral exists "to provide a place where all people may worship, each in his own way and in accordance with his own religious beliefs, without regard to religious denominations; permit the conduct of religious services by all faiths, and those of all origins . . . ; and to give recognition and honor to American War Dead of All Wars." f. Historically, the respondent has allowed its facilities to be used by Christians, Jews, Muslims, Hindus, followers of Buddha and Confucius, Baha'is, Native Americans, as well as numerous civic, fraternal, and patriotic organizations, and individuals. All services scheduled by groups must be open to the public, regardless of faith. Individuals and tour groups seeking access to the Cathedral are not asked their religious beliefs. g. The respondent was based on its founders' belief in brotherhood, freedom of thought and religion, and patriotism. The Cathedral itself has no curriculum, doctrine, or religious belief which it teaches or seeks to indoctrinate in others, and the Cathedral conducts no religious activities, with the exception of a weekly, public, non-denominational service. Respondent is neither owned nor operated by or in affiliation with any church or other religious organization. h. There is no evidence that any religious group wishing to use the facility has ever been turned away. i. Wicca, or Neo-Pagan Witchcraft, is a spiritual movement which is attempting to revive the ancient religions of Europe and the Middle East. It is based on a belief that the earth and all nature is a manifestation of the divine creator and is sacred. For Wiccans, divinity has a dual nature, thus they acknowledge both God and Goddess. Some sects/individuals emphasize the masculine (God), and others emphasize the feminine aspect (Goddess), and some worship both. Wiccans do not believe in satan, hell, or the devil. Their religious practices seek to bring them in harmony with the earth, its natural cycles and the rhythm of the universe as sources of spiritual wisdom and experiences of union with the divine. No religious hierarchy is recognized in Wicca, with individual covens or churches organizing around individual spiritual leaders, and teachers, who "initiate" followers after sufficient study into higher "degrees." Therefore Wicca has no theological seminaries. In recent years some practitioners of Wicca have joined together in order to present their religious views to the public and to participate in public discourse on religion. For example, the Covenant of the Goddess (a California religious organization), and neo-pagan groups form other countries, participated in the Parliament of the World's Religions, whose centennial was held in Chicago, Illinois from August 28, to September 5. 1993. J. In keeping with its 1985 policy on religious accommodation designed to protect the free exercise of religion by all members of the military and to accommodate the religious needs of members where ] possible, the Office of the Chief of Chaplains, the Pentagon, has issued a handbook of information on Americans' religions. Approximately 6 pages of information is included on Wiccans, so that their religious views and practices can be understood, and if necessary, accommodated. (The material in this handbook is for information purposes only, of course, and does not imply governmental approval of Wicca or any other religion.) k. There are probably some 50,000 followers of Neo-Paganism in the United States. No evidence has been submitted which would indicate that it is not a valid religion. l. A Wiccan handfasting (wedding) invokes the blessing of both God and Goddess. m. Complainant is a priestess (minister) of the Wiccan religion, having acquired her Third Degree Initiation (ordination) on May 13, 1994, in Our Lord & of the Trinacrian Rose Church and Seminary, Medford, Massachusetts. She is recognized as a resident clergy person in the Commonwealth of Massachusetts and is competent to perform marriages in that state. As such, she may also submit her credentials to the Secretary of State of New Hampshire, who will issue a special license to her as clergy to conduct a marriage ceremony within this state. n. In the spring of 1995, a Fitchburg, Massachusetts woman tried to arrange to have her wedding at the Cathedral of the Pines. She started to fill out the forms to arrange her wedding, but was rejected when she revealed that she was a Wiccan. David Faulkner, the executive director of the Cathedral, stated to the applicant that she was being turned down because the Cathedral only accepted "mainstream religions." o Complainant was to have conducted the wedding ceremony for the Wiccan. When advised that the bride had been turned down, complainant called Faulkner. Faulkner advised complainant that she could not conduct a wedding ceremony there because the facility only recognized "mainstream religions." p. Complainant wrote to the Cathedral on June 5, 1995, objecting to the decision. She received a letter in response, indicating that if she wished to conduct a service there, she would need to send a copy of her "transcript or diploma from an accredited school of theology and a copy of her ordination detailing the process of her ordination." She was advised that her credentials would be evaluated and she would be notified of the decision. q. Complainant submitted her credentials, including proof of ordination and a masters' degree, together with an explanation of why her ordination did not include a "recognized" school of theology. Complainant also filed a charge of public accommodation discrimination on the basis of religion. r. In response to the charge of discrimination which complainant filed, Faulkner stated that while the Cathedral was open to all individuals to visit, there was a limit on the kinds of services it allowed. He stated that clergy had to have masters' degrees and to have been ordained through recognize process of her ordination." She was advised that her credentials would be evaluated and she would be Cathedral's policies. s. The respondent's policy regarding clergy is new, and may well have been adopted or revised in June 1995 in response to complainant's request to conduct a wedding at the cathedral. Historically, the director used his discretion in deciding which groups would be allowed to conduct services. t. Requiring masters' degrees and proof of ordination from a recognized theological school is not a standard which has been applied to all groups, even after the adoption of the policy on clergy. For example, Baha'is, who have no recognized clergy, regularly conduct services at the Cathedral, and did so in August 1995. Discretion was most likely used in deciding to schedule services by Buddhist or Native Americans, whose credentials as clergy might be different from those of Christian minister or Jewish rabbis. u. Respondent argues that complainant's religion is not monotheistic, that she does not worship "Almighty God." Historically, however, the Cathedral has allowed services by clergy of faiths other than those that are monotheistic or Judeo-Christian. Confucians, Buddhists, Hindus, and those practicing Native American religions are not worshipping the God of Abraham, and perhaps not even "Almighty God," as that term is commonly understood or used by the respondent, yet all have worshipped at the Cathedral. v. No evidence has been discovered or submitted showing that practitioners of any faith except Neo-Pagans have been turned away. w. There is direct evidence of hostility by the decision- maker (Faulkner) toward Wicca. 6. The complainant has stated a prima facie case of public accommodation discrimination based on religion. She has submitted documents and other evidence in support of her charge. 7. NH RSA 354-A: 18 (Exemption for Religious Organizations) provides: ??"Nothing contained in this chapter shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting admission to or giving preference to persons of the same religion or denomination or from making such selections is calculated by such organization to promote the religious principles for which it is established or maintained." Thus, in order to demonstrate that it is entitled to the exemption from the state's ban on religious discrimination in public accommodation, respondent must show the following: a. That is *either* a religious or denominational institution or organization *or* an organization operated for charitable or educational purposes which is operated or supervised or controlled by or in connection with a religious organization; *and* b. That it was limiting admission to or giving preference to persons of the same religion or denomination *or* was making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained. 8. The Cathedral does not fit into the second category of organizations listed in the above exemption: it is not a charitable or educational organization operated, supervised or controlled by or in connection with a religious organization. The Cathedral does not fit into the category of "denominational institution or organization" because it is explicitly non- denominational. Nor does the Cathedral claim to have been limiting admission to or giving preference to persons of the "same religion or denomination" when it denied complainant permission to conduct a wedding on its grounds. 9. Therefore, the questions which must be answered are whether the respondent is a "religious institution or organization," and if so, whether respondent was making such selection as is calculated . . . to promote the religious principles for which it is established or maintained. The term "religious institution /organization" is not defined in RSA 354-A. Therefore, we have looked to case law defining this term under similar provisions of Title VII of the Civil Rights Act of 1964 (42 U.S.C. Section 2000e). The significant religious and secular characteristics of the organization and its activities have been examined to determine whether its purpose and character are primarily religious. 10. The weight of the evidence does not support a finding that the respondent is a religious organization. Its primary purpose is to serve as a public facility for the patriotic and religious activity of others. The respondent serves these purposes and supports itself through a variety of commercial and non-commercial activities, both public and private. In character, the respondent is non-denominational, and hence neutral as far as religion goes. It is not affiliated with or controlled by any religion or church, nor does it have a particular religious creed or doctrine which it teaches. As a national war memorial, the respondent is essentially secular, even though "recognition and honor" may often include religious ritual. Its patriotic message includes all Americans who have served, not just those of a particular faith. Should the respondent's activities be terminated, its assets would be divided between patriot and conservation organizations, not religious ones. 11. Even if the respondent were found to be a religious organization, the evidence would not support a finding that in denying complainant the right to conduct a (Wiccan) wedding ceremony at the Cathedral. it was making such selection as would promote the religious principles for which it was established. First, the activity which the respondent sought to limit was one of its most commercial (and farthest removed from any alleged religious purpose of the respondent itself): the renting of the facility for a private wedding. Second, the evidence shows that the Cathedral was founded on the principles of religious freedom, brotherhood, and intellectual freedom, for which so many Americans have given their lives. Therefore, it is hard to accept that denying access to complainant because of her religion could be in furtherance of these principles. 12. The evidence and the facts revealed during the Commission's investigation warrant a finding that the reasons given by respondent for excluding the complainant from the Cathedral of the Pines were a pretext for discrimination. Nothing in the Cathedral's founding documents or history suggests that it is meant only for use by "mainstream religions." Respondent has allowed representatives of many different faiths to conduct services at the Cathedral, both public and private, and has not always required that they have masters degrees or ordination form "recognized" theological schools. Respondent has allowed non-Judeo/Christian religions access to the facilities of the Cathedral. Therefore, Commissioner Chamberlain recommends that Respondent's Motion to Dismiss be denied and Finds Probable Cause to credit the allegation in the charge. The parties are ordered to submit settlement proposals to the Executive Director within thirty (30 ) days of their receipt of this letter. Very truly yours, Raymond S. Perry, Jr. Executive Director *** Temple of AppleMoon Coven & Teaching Grove, Inc. is incorporated as a nonprofit religious organization within the Commonwealth of Massachusetts and is in the process of chartering through Aquarian Tabernacle Church (HQ in Index, Washington), which has federal 501 (c) (3) tax exemption.

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