united-states freedom-of-religion
Does freedom of religion extend to witchcraft?
<p>Someone in my discord server told me the following after someone made an offensive joke to her.</p>
<p>I try to be tolerant with people of different backgrounds.</p>
<blockquote>
<p>I am pagan and I practice witchcraft. I understand SW are a part of the Navajo culture, but they intertwine in paganism. I am offended because that is not a creature to joke about. In paganism just like the Navajo culture it is a relentless witch who practices one of the darkest shades of magick. Even if I wasn’t pagan and got offended, when someone asks you to not make fun of something in another culture. It’s best to not make fun of it.</p>
</blockquote>
<p>The thing is back during the ancient times, people were wrongly executed for witchcraft.</p>
<p>But since this person explicitly says she practices witchcraft, would the freedom of religion protect her or would she be on the government's kill list?</p>

<p>Actually, there is not a government kill list, that is just a meme. The First Amendment says (starts) &quot;Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...&quot;. That means a number of different concrete things: there shall be no laws prohibiting any religion, or preferring a religion, not may there be laws impeding or promoting the practice of a religion. The government therefore cannot reward or punish a person for believing in skin walkers, nor for turning themselves into a coyote (if they can do it). The old practice of burning witches at the stake is illegal, similarly at least under current understandings of the law it would be illegal to punish those without a religion with a fine or death.</p>
<p>The aforementioned person can thus practice witchcraft – up to a point. One cannot get away with murder by claiming that they are just practicing the Ásatru ritual of blót. <a href="https://supreme.justia.com/cases/federal/us/508/520/" rel="nofollow noreferrer">Church of the Lukumi Babalu Aye v. City of Hialeah</a> is an example of how the government can <em>not</em> restrict a religious practice (banning animal sacrifices of a particular religion), <a href="https://supreme.justia.com/cases/federal/us/494/872/" rel="nofollow noreferrer">Employment Division v. Smith</a> is an example of a neutral prohibition which happens to impinge on a religion (outlawing certain drugs limits a religious practice).</p>
