Spells, Spirits and Texas Law, How the State Treats Practicing Witchcraft

(Tyler, Texas) - Witches on television or in the movies isn't a real thing. Their face isn't green, they can't turn you into a toad, they can't cast a spell on you that makes you fall in love with them. That doesn't mean there's not a group of people, both men and women, who follow witchcraft.

Actually, the origin of witches comes from a very unexpected place, brewing beer. It's interesting to look at how these women just trying to make a living were turned into these summoners of spells. Witchcraft is a thing but is it illegal to practice in Texas?

Origin of Witches

Stories of witches have been around since biblical times. These were women believed to have mystical powers to seduce, heal or cast spells. Most of these stories were just that, stories, or myths, passed down over the centuries.

Real women were considered witches and it was for a completely innocent reason, they were earning a living. Before the Spanish Inquisition, women held the duties of the home. One of those responsibilities became brewing ale. These women were known as alewives.

Get our free mobile app

How Alewives Became Witches

These alewives would wear tall, pointed, black hats so they would stand out in a crowd and let people know they were selling ale. They also kept cats around their home to keep rodents from eating their grain. They would brew their ale in black cauldrons and placed a broom outside their home to let people know they had ale.

Men would get drunk from the ale and become uncontrollable. In those days, that meant they had consumed some kind of potion, or witches brew.

That's a General History of How Witches Came to Be

In Texas, is it legal to practice witchcraft?

The Short Answer is...Yes

Practicing witchcraft is actually upheld by the First Amendment. Having said that, there are some limitations to it. For instance, tarot reading for the purpose of fortunetelling or predicting the future could be against the law. There is no federal or state law regarding this, it is left up to local municipalities to determine.

If it is advertised as a form of entertainment, it is legal no matter what. It is also not legal to advertise things like charms, potions, stones or other items as having health benefits. They would need to be advertised as religious artifacts, works of art or even craft supplies to be sold legally.

Avoid Getting in Trouble

The best thing to do if you wish to practice witchcraft is to check with local ordinances to make sure everything you're doing falls within the laws of your area.

READ MORE: The Weirdest Illegal Thing You Can Do With a Bird's Nest in Texas

READ MORE: Whataburger Sued for $1 Million Because of Messed Up Order