Practicing magic isn't a religion, however, so there shouldn't be any concern of legal issues. One should not start with spells, but you should start with just reading and learning as much about magic as you can, then you can branch out into other areas.
Teaching magick is still against the law when done for a minor against parental consent. It is under the religion caluse because it is against the parents religion . So though you are right, magick is not a religion in a legal context it still counts.
I researched and researched and, well- you're all right and wrong. Only time it is illegal to teach a minor religion is if you are an education teacher (defined as a primary or secondany teacher). Essentially in the school system. The law actually protects minors right to choose their religious, which is why I think is risky to teach under the age of consent (in some states that is 14, in most it is 15 or 16).
You do your self a disservice when you don't research things yourself (always be suspicious when there are no sources for a "law" or anything pertaining to the law or legality of an act). No church i have ever been to have NEVER had parental consent forms, why? Because they aren't credited or apart of the school system.
the link above explicitly defined children's rights (courtesy of a children's rights org).
Link above talk about children's rights in regards to religion. Although half of it talk about other issues in regards to this (genetically mutilation, forces marriages- all things parents could force their children to do if children did not have religious freedom), the first part pertaining to this.
Minors should not be excluded from being taught because they have the right to be taught any religious they consent to. It's actually the international law.
This is a great ACLU article from 1999. Minors have religious freedomsand do not need parental consent for being taught or practicing it. When parents or educational systems take issue, they're the ones violating the law.
Re: Anyone willing to teach? By: Lark Moderator / Knowledgeable
Post # 8 Nov 29, 2016
Sylla, I would suggest that you look at the article, Teaching Wicca to Minors at http://www.spellsofmagic.com/read_post.html?post=556828 which sites the legal precedents, including a Supreme Court case, that states very clearly that parents have the right to determine the religious upbringing of their children. While the child may have religious freedom, the law is clear that those who teach religion to the child without the consent of the parents is in legal hot water.
I read that article on voxwitch. It's dated and no longer holds true in the judicial system. These lawsuits occurred in the same timeframe NYC had Nazi parades and segregated school where legal (1920s). The children's declaration of rights in 1959 made it illegal for such lawsuits to exist if the child in question consented. Also the article fails to explain that in most states the age of consent is 15- special cases 16 (hence why teens can go to adult prison, yet married, get their license, etc).
I'm giving you out right, current international law with sources. It is legal.
I'm looking up the cases individually for sources now. What i have found is Meyer vs. NEBRASKA 1923 was not a witchcraft related case.
"A state law forbidding, under penalty, the teaching in any private, denominational, parochial or public school, of any modern language, other than English, to any child who has not attained and successfully [p391] passed the eighth grade, invades the liberty guaranteed by the Fourteenth Amendment and exceeds the power of the State. P. 399."
It was about language.
As for Smith v. Society of Sisters 1925- there appears to be no such case. It is an Internet myth. It refers to Pierce v. Society of Sisters, which "was an early 20th-century United States Supreme Court decision striking down an Oregon statute that required all children to attend public school. The decision significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution to recognize personal civil liberties."
Don't take this the wrong way, I don't want this to come across as me being rude or trying to be mean. I saw that article on almost every Wiccan and Pagan website that has teachers, so you aren't alone in thinking that that was completely true. That's why when i notice not one had actual sources to validate the law, I researched. The beautiful thing about the law is that there's a record of it and it is free and accessible if you know where to look. I use to do senate level advocacy for homeless youth, I learned a few tricks of the trade and when to recognize when more research is needed before making the decision. With children and minors I've learned people often tend to treat them as property and not always give them the right of access to their rights, so I always double check to make sure that I am not selling them short of the respect they deserve, you know?