Tallahassee, USA -- The Wiccans can't have a sales tax exemption in Florida because they're a religious group, an appeals court has ruled.
The Wiccan Religious Cooperative of Florida sued the Florida Department of Revenue on Halloween 2000, arguing that it was wrongly denied a tax exemption.
The Orlando-based Wiccan group wanted an exemption to sell religious items and publications without having to charge sales tax, like other churches. It was originally denied by the Department of Revenue because it didn't have a physical place of worship, one of the qualifications for the exemption.
A three-judge panel of the 1st District Court of Appeal upheld a ruling this week in favor of the state.
In a twist, the appeals panel ruled the Wiccans can't legally pursue the case because it is a religious group, the panel ruled, and would benefit from a tax exemption.
The ruling raises questions for other religious groups, said Judge Robert T. Benton II, who dissented in part.
``Does this mean a synagogue cannot question the legality of using public money for a creche in the courthouse if a Star of David is installed?'' he wrote. The majority opinion ``discriminates against organizations because they are religious. This is not in keeping with our traditions.''
A Revenue Department spokesman said the agency was pleased the court resolved the case.
Attorney Heather Morcroft said the group is considering whether to ask the appeals court to reconsider or appeal to the Florida Supreme Court.
Wiccans follow ``an earth-based belief system or religion,'' according to Wiccan Web sites. They generally consider themselves to be witches.
The cooperative had about 250 members statewide in 2000.