Yesterday the 9th Circuit Court of Appeals issued a ruling in the case of Hartmann v. California Department of Corrections and Rehabilitation which clears the way for a direct challenge to California’s discriminatory “five faiths” policy. This policy limits the hiring of paid chaplains to Protestant, Catholic, Jewish, Muslim, and Native American adherents. Judges stressed that while the prison did not intentionally limit the religious rights of Shawna Hartmann, Caren Hill, and other Wiccan inmates, the neutrality of California’s chaplaincy policy could be challenged.
“Although the state is not required to “provide inmates with the chaplain of their choice,” it must use neutral standards when deciding how to spend money on prisoners’ religious needs, said the Ninth U.S. Circuit Court of Appeals in San Francisco. California prisons have long employed chaplains for Catholics, Protestants, Muslims and Jews. After American Indian inmates sued the state in 1985, the prison system began providing spiritual advisers for them […] the court said the women may be able to prove that the state Department of Corrections and Rehabilitation is violating the constitutional ban on a governmental “establishment of religion,” which prohibits a state from endorsing one faith over another. That ban requires the prisons to use “neutral criteria in evaluating whether a growing membership in minority religions warrants a reallocation of resources,” the court said in a 3-0 ruling.” This ruling is part of a larger effort by Pagan chaplain and activist Patrick McCollum to nurture cases that would challenge the policy after the 9th Circuit Court upheld a lower court decision stating he doesn’t have standing.
In 2011 Pagan activist and chaplain Patrick McCollum, whose work has been reported on often here at The Wild Hunt, experienced a serious setback when the 9th Circuit Court upheld a lower court decision stating he doesn’t have standing to challenge California’s discriminatory “five faiths” policy. This policy limits the hiring of paid chaplains to Protestant, Catholic, Jewish, Muslim, and Native American adherents and is part of what McCollum has called an “endemic” level of religious discrimination against minority faiths in our prison system. Ultimately, instead of going forward in challenging the 9th Circuit Court decision, McCollum has been nurturing new cases brought by Pagan inmates that would also challenge the California chaplaincy policy. “I’m currently in a place where if an inmate brought a case, my case could go forward […] I saw this coming down the pike, and so I have helped inmates bring forward cases that meet the criteria to make it so my case is viable and valid […] I’ve managed to keep those cases under the radar and the first of those cases his the 9th Circuit Court of Appeals last week. […] If the court rules that those inmates who are on that case do have a right to a chaplain then I can walk right back into the court and forget the ruling made by the 9th Circuit or anybody else.”
The case he mentioned back in September of last year, Hartmann v. California Department of Corrections & Rehabilitation et al, has just had oral arguments before the 9th Circuit Court of Appeals this past Friday. In a message to me, the Patrick McCollum Foundation laid out what the case was about, and how the decision could have a huge impact on his own stalled case against California’s corrections system. “Shauna Hartman and Karen Hill, two Wiccan inmates in the California Department of Corrections and rehabilitation who are members of Rev. Patrick McCollum’s prison program, will be represented Friday morning in the Ninth Circuit Court of Appeals by the law firm Jones Day of San Francisco. Hartman & Hill have sued the CDCR for not providing a Wiccan Chaplain and for discriminating against Pagans in general.