Showing posts with label law. Show all posts

Witchy Wednesday - Trademarking Yule - PT 2

Last week we chatted about a Pagan business owner looking to put a trademark on the winter solstice holiday of Yule,  The owner of Sage Goddess,  filed a federal Trademark request to make YULE her trademark. She was sending cease and desist letters to other vendors who use the word Yule in their product names.

Several bloggers picked up the story and even The Wild Hunt got in on the act. As a result the owner of Sage Goddess abandoned her attempt to make Yule her trademark, much to the surprise of many in the industry.  I even noticed a new Facebook ad running yesterday to get likes to her FB page.  Makes one wonder if this was some sort of marketing campaign.  

In any case I confirmed and the request has indeed been abandoned. 



Photo Credit - Website Screen Capture


I would not have found out about this without the work of Charisssa and the Pagan Business Network.  If you have not heard of her, please check out her group on Facebook.  Under threat of libel she persisted and continue to voice her opposition to this case. I also want to give a shout out to Loren Morris of Primitive Witchery without her skill in investigation to bring out this story and her dedication to fight for what should be open to everything, I would have missed this story.  She brought the message to me personally and then to our Witches & Warlocks group on Facebook.  Great job to both Charissa and Loren for their support in getting this out in the open.

While I'm pleased that the trademark application was abandoned, I'm concerned about what this means for our community going forward. As a person who has been on the receiving end of frivolous legal action at the hands of someone who is clearly wrong, I am concerned about what it means to our community. In a world that hands over our eye of newt for a court room what does this mean for the magical community.  While I believe that we should indeed use mundane actions on mundane work, I'm also worried about the litigious nature of our community.

When did a simple disagreement online result in hiring an attorney?  When does one feel they have the right to own a holiday?  I'm not surprised by this action, as it is pretty much the world around us. I think that maybe I held our community to a higher standard.

When you're working with people who claim to hold energy high and you see this kind of behavior, it is disheartening. I know that in my personal case I was surprised to see so many people continuing to support someone against me who was so obviously wrong. It made me yearn for a community who would actually ostracize someone who was attacking others, instead of saying...  "It's just how they are.  You'll get use to it."

Today I'm happy that this application was abandoned, but I'm skeptical.  I think we should keep a close watch out.  I don't think this is the end of this story and I'm sure my witchy friends can feel it too.

Blessings
Sosanna





Thoughts on Scalia's Death

As I sat drinking my tea and working on my Facebook Page I saw a trending story on that said "Justice Scailia Dead"  - my mouth slightly open and paused for a moment as many of these stories turn out to be the famous internet death hoax.

I did a bit of searching and sure enough, Supreme Court Justice Scailia had died.  For a moment I was in shock and then I was happy.  I know it sounds horrible to some.  I thought long and hard if I should even bother to blog about this.  My grandmother's voice in my head telling me that "If I didn't have anything good to say ....."

Yes, there's probably nothing good to say from my point of view on this supreme court justice.  He was one of the strongest opponents on the bench on LGBT rights.  Instead of ranting about the many statements he made in his life attacking us, instead I'll just give a light of sites that you can go to to see why just for a moment, my heart lifted a bit knowing that he would no longer be able to add his hate filled opinions to the opinions our highest court in the land.








These are just a limited few posts related to the dissenting opinion while on the bench and some of the other comments he had made regarding women and the LGBT community.  While I understand that certain things are legal, I also understand that they are wrong.  Apparently Justice Scailia had issues making a distinction between the letter of the law and the spirit of the law.




“We’re all killers at heart,” he said. “Of course, I have never taken anybody’s life, but I have often read obituary notices with considerable satisfaction. It just happens that circumstances have favored me.” ~Clarence Darrow 1926~

Photo Credit - Renee Sosanna Olson


Preaching to the Choir


Balance is the Key
Photography - Renee Sosanna Olson


First I’d like to start out by saying, I am not a lawyer.  I have completed the requirements for paralegal in the state of Virginia and attended some classes for the State of California however I am not a lawyer and recommend that If you have legal question that you consult an attorney specializing in this subject matter.

Recently I came across a share of a Family Law blog that had the following statement.

                               Screenshot from the webpage – www.wakedomesticlaw.com

At first I was pretty disturbed by this statement as you can imagine.  This statement is based on a case that was ruled in the North Carolina Supreme Court related to Lynch.  The Lynch case created a standard that any marriages officiated by ULC Ordained Ministers were voidable.  Now to the layperson this may sound as though ULC Ministers cannot marry in the State of North Carolina.  This ruling was later overturned in Fulton v. Vickery stating that ULC Minsters can perform marriages in North Carolina.  Now, that being said we should keep in mind that marriages can be declared void for all sorts of things and being void is different from being voidable.  Voidable means that they are valid but can be declared void based on certain set of criteria.

As an Ordained Minister with the ULC I contacted the church immediately to determine if this was indeed the case.  I was responded to almost immediately and informed that the only state currently that does not recognize ULC Ordinations is the state of Virginia.  There have been incidents where marriages have been ruled void based on the trials below (See NC & NY) those are on a case by case basis and do not apply across the board to all ULC officiated marriages.

In my zeal for investigation I quickly was brought back to earth by my hubby who said, “If you want to do a marriage, just CYA by getting a JP permit for the day and do the marriage that way.”  At first my double standard kicked in and I was irate.  Why should I, simply because I do not follow a Christian dogma have to take an extra step to conduct a marriage ceremony. I mean honestly can't they just accept me for who I am?

I appealed to my group, The Covenant of Hekate, to determine if anyone had become Ordained and based it on the process of becoming a Torchbearer.  There is a certain amount of study required and we do have to take an oath and complete a ritual for admission.   Even though this requirement exists which is more than “merely mailing in 10.00 to get a certificate” no one had thought of this as being enough to satisfy the religious training/study requirement. So my search continued.

I went to another page Universal Life Church in Modesto CA , even though crediting the same founder Rev. Kirby Hensley who ironically grew up in North Carolina is the parent church to the ULC-Monastery with BR. G. Martin Freeman as the Presiding Chaplain; Monastery is a completely separate church from the ULC mentioned in the cases.   Then I saw several other websites popup, including ulc.net, ulc.org, ulchq.com to name a few.  Each with links to purchase ordination certifications and credentials.  I sat looking puzzled at the screen.  Which ULC was which?  And does it really matter?

You see, earlier this month as I blogged about marriage equality and how marriage was a civil institution.  We needed to keep religion out of marriage because it was wrong to tell LGBT people that based on the "bible" they could not be married.  Yet, here I sat annoyed that the State would tell me if I was legally allowed to solemnize a marriage.

I had that “ah ha” moment.  I realized that my ability to “legally” president over a spiritual bond is moot.  No one is going to come to me looking for a standard wedding ceremony.  They will be someone who is looking to be joined together on an entirely different level, and this something that no government can ever grant anyone.  So while the legal status of ULC marriages may hang in the balance to some, the fact of the matter is marriage is a civil union brought together under the state.  It is governed by the state and should be overseen by the state. 

My recommendation to those looking to preside over weddings or become wedding officials, take the extra step to those protect those you are providing your services to.  Become a magistrate, or a Justice of the Peace.  Take the steps to be “legally” recognized as a member of the clergy to protect your clients from the possibility of legal issues going forward.  At this time ULC Minsters can indeed preform weddings in the state of North Carolina.  It seems to be some confusion around which ULC is which but it is always better to be safe than sorry.  

On a personal note, I can say it was a bit disheartening to fully accept that my path, though shared by many was still a very few and due to it being such an ancient belief system, not fully recognized to be “allowed” to legally solemnize weddings made me sad.  Briefly.  I then realized that what I offer to others is more of spiritual counseling and guidance as opposed to just a ceremony and I suddenly got it. 

No one can endorse my relationship with a deity.  It is something very personal as it should remain.  I will continue to list ULC Ordained Minister on my credentials next to my Torchbearer for Covenant of Hekate.  

I believe both have a place in my life.

Sosanna Olson - 
Ordained Minister - ULC
Torchbearer, Covenant of Hekate




Sources:

Pagan Blog Project 2013 - L is for Law of Three

The Law/Rule of Three is something that is generally found in Wicca and basically means, anything you send out to you returns times three.  Some relate this to another tenant of some Wicca followers to “Do what ye will, but harm none”.
I've had many discussions on the law of three.  I am one of those people that do believe that sending out positive will return positive.  This type of thought process is found in many other religions such as Christianity and Dharmic religions.  These are sometimes referred to as “The Golden Rule” or “Karma”.  I did a blog post on Karma for the letter K.
While writing several of my posts on the threefold law, I've been confronted with several arguments.  The most popular being, what about babies that die.  What did they send out to get that back?  I guess that really depends on how you look at death. Is death a punishment or a reward?  And who is the judge of this behavior and who passes out the grades at the end?
To me the Law of Three is something that was created to keep ourselves in check.  Keep in mind I am not Wiccan.  I do come from a background, meaning I was first introduced into Paganism via Wicca, but my stance today is solitary Hecatean.  I do not have a set of rules before me that I must follow in order to be a devotee.  It is more fluid than that.  I use the Law of Three not because someone tells me it is what I should do, but because it is the right thing to do.  

Right in my eyes.  No one else judges this.

What some fail to realize is that the majority of religion was created to do one thing.  Control people.  Either by fear or by reward, religion either punishes those who do not live up to a set of standards or rewards those with the blessings of the God/dess when they are good.

Though I do try to be good to others, and do well for my environment, it is not because of the Law that I do this.  I pick up the trash because leaving it hurts the lands.  I help others, because I would like them to help me.  I stay positive because being negative is not productive for me. 

When I watch people around me, Christian and non-Christian alike; I’m surprised to see how many people whip out their Gods & Goddesses and toss them around for every little thing.  From touchdowns to school shootings everyone claims that their deity saved them, granted powers or gave rewards for their service.  Some even go so far as to claim that their deity actively seeks out the “wrong doers” and punishes them with floods, tornadoes and the like.

I have two responses here.  First, my deity does not have an interesting in a football game.  She does not care if I gain or lose weight and therefore is not expecting thanks or honors if either of those occur.  Secondly, I do not necessarily believe in a physical manifestation of the Goddess.  To me, Hecate was created in order to personify characteristics that we as humans need/want to have.  Meaning, perhaps it wasn't so much that she walks the night with torches to show me the way, but more so that I use my energy to focus on her torches which then light to show me the way. 

That may sound a bit convoluted, but that is what I believe.  We can manipulate energy.  We are energy.  We can send out and receive energy. We can do it with respect to the law or we can do it for our own belief in what is right.

When presented with these types of situations I often think about it this way.  Do I want someone to do something for me because the law says so, or do I want them to do it because deep inside their convictions tell them?

For me, it’s always the intent that defines the action.

Namaste & Blessed Be
Sosanna

)O(

Pagan Blog Project 2012 - S is for Sin



SIN:  sin

Noun:   An immoral act considered to be a transgression against divine law.
Verb:     Commit a sin.

Synonyms:          noun:  trespass - guilt - offense - transgression - offence
                                Verb:  transgress - err - trespass – offend


The concept of sin has always fascinated me.  Logically when we think about what sins actually are and what they’ve been turned into it astounding.  When we look at sin from a legal prospective we see something very similar to the Code of Hammurabi, an ancient Babylonia law code that some say is the ancestor of what we today call Common Law.   Sin is in essence a “God’s Law” code.  A set of rules created to ensure the security of the tribe in question.

I can completely understand why in antiquity a group of people would want a set of rules to govern people.  My issue comes in when those rules are written by human beings and are claimed to be of divine origin.  One group claims that another group cannot possibly be “righteous” because “God said don’t eat pork” and they eat pork.  Here I am referencing of course the Law of Moses


This law, according to the Old Testament, governs everything from moral laws through laws of what to eat and when to eat it.  If we look at this set of laws from the prospective of the people of the time, we can see that some of them make pretty good sense for people living in a desert without access to proper cleaning materials.  It’s a pretty good idea not to eat pork that’s been lying about in a hot desert for a week.  I get that.  We also cannot pick and choose what we want to keep and what we want to toss out.  On one hand we have “don’t eat or touch pork, it is unclean” and then we have Football.  I think you see where I’m going here.  This particular set of laws, if I give the benefit of the doubt and say, yes, your book is true, was intended to govern a group, a LARGE group of people that had been living as slaves their entire lives, for generation after generation.  They NEEDED strict rules until they could learn to think and govern themselves again.   I think that by now, these “laws” are obsolete.


The next “sin” I want to talk about is the idea of “Original Sin”.   This is a Christian doctrine, which says everyone is born of sin.  Because of the sins of our fathers we inherited that sin and must be forgiven in order to move in to the Kingdom of Heaven.  Many religious groups support this and have way to “cleanse” newborns by baptisms and so on to help remove the sin.   To me, this concept was nothing more than a way to control the masses.  How else do you get a group of people to do what you say? Tell them they are doomed from the beginning and the ONLY WAY to salvation is via your church.  I just shake my head at this thought process.  When we look at this from a legal prospective, to tell a person because their father was a thief, they must serve time is ludicrous.  We would never, arrest the child of a rapist and toss them in jail.  We would never require restitution from the offspring of an embezzler.  Each person is accountable for their own actions.  Not the actions of their fathers, grandfathers or great grandfathers. 

If that were the case, I’d not be sitting here now writing this blog.  I’d be locked away in a jail somewhere, because I have parents who were indeed criminals.  The concept that I am a sinner because “YOUR” book quotes a God that “YOU” follow and that means I’m doomed is a bit much. 

Over my lifetime I’ve studied many things, one of which is law.  I am a Paralegal.  I have taken classes and studied the law in three states.  One thing that I learned very quickly was a concept called the “Spirit of the Law vs. Letter of the Law”.  When one follows the letter of the law, it is taking the words or the “letters” directly from the statute and applying them to a particular incident.  The “spirit” of the law is where we look at the situation, and understand that even though by the letter of the law this person may be guilty, this was not what the spirit of the law, fairness… justice..  Those two “spirits” would not be rewarded and actually be damaged by applying the letter of the law.  This “spirit” is even mentioned in the Christian bible in the book of Romans.  An example of this might be someone who is driving 67 miles per hour in a 65 zone.   By the letter of the law they are speeding, however this speed limit was not intended to stop people from driving 67, it was intended to stop people from driving 80. 

I think that when we look at sin we need to stop looking at the “letter of the law”.  Those “letters” were written a very long time ago, by who?  Men.  Not a God. Men that wanted your obedience.  Today we can look around us and think about what does sin really mean.  What is the “spirit” of the law?

In my opinion, the spirit of the law or what should be the spirit of the law of sin is one thing.  Don’t be an ass.  Yup that’s it.  Don’t be an ass.  Don’t steal, don’t lie, don’t cheat, and don’t blow people up.  Live and let live.  One commandment, the word according to Sosanna.


Namaste & Blessed Be
Sosanna
)O(