The Iowa Independent reports that the Eighth Circuit Court of Appeals has ruled against three Wiccan inmates who claimed that a three-hour time limit for their Samhain observances violated their rights to religious assembly.

Lawrence Gladson, Darrell Smith and Scott Howrey were incarcerated at the Iowa State Penitentiary in Fort Madison when they claimed their right to religious assembly had been violated. The three inmates, all practitioners of the Wiccan religion, filed for injunctive relief and monetary damages, citing their rights under the Free Exercise Clause of the First Amendment and the Religious Land Use and Institutionalized Persons Act of 2000 had been violated when prison officials limited their Samhain observance to three hours … While the appeals court agreed that prisoners retain constitutional rights, it acknowledged that those rights are subject to limitations “in light of the needs of the penal system.” As such, it found no reason to believe that the three-hour window allotted for the Samhain observance posed a significant burden on those inmates who practiced Wicca.

The court’s opinion makes for interesting reading. The prisoners thought their agreement on observances allowed them an 8-hour “feast day” for Samhain, which was denied them on more than one occasion. The prison disagreed that this was the arrangement, and the prison chaplain actually contacted two Wiccan priestesses for advice on the matter.

In 2003, Chaplain Kopatich consulted with two Wiccan priestesses, one located in California and the other located in Des Moines, and inquired about the practice at other IDOC institutions. She testified that she attended a Samhain celebration at a community center in Des Moines and witnessed the entire event around October 2004. According to Chaplain Kopatich, the celebration lasted about three hours, perhaps a little longer. At the celebration, a priestess cleansed the area, cast a circle, and performed a ritual to honor ancestors. The participants danced, drummed, sang, and referenced the four directions. The ritual lasted just under two hours and refreshments were served afterwards.

So it seem that the prison, despite some minor problems discussed in the opinion, really did attempt to satisfy the religious needs of the inmates concerning the matter. This is all obviously rather new for prison officials and inmates in Iowa, the state’s prison system didn’t even acknowledge Wicca or any other Pagan faith until a lawsuit forced them to do so in 2002. No doubt the inmates are testing the boundaries of their newly-won freedoms. It would be interesting to know how long other faiths get for their high holidays, also three hours? More? Less? It should also be taken into account that Iowa’s corrections officials have had some serious problems with accomodating the needs of minority faiths in the past, so who knows what sorts of tensions underly this whole situation.

Tags: Chaplaincy, Iowa, litigation, Paganism, Prison, Wicca