Three hours long enough for prisoners’ religious observance

Eighth Circuit Court of Appeals affirms lower Iowa court decision that Wiccan prisoners were treated fairly

Three Iowa inmates, convinced that they were not allowed enough time for proper religious ceremony, have lost their claim on appeal. The Eighth Circuit Court of Appeals, in a decision released today, affirmed the 2006 ruling of U.S. Magistrate Judge Ross Walters that the prisoners were provided adequate time for their religious ritual.

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.

Samhain, pronounced “sah-win,” is the most important of eight Wiccan observances throughout the year. Coinciding with secular Halloween, the religious holiday comes at a time when it is believed the veil between life and after-life is the thinnest. Rituals associated with the observance often include attempt to commune with ancestors who have passed and a celebratory harvest feast to reaffirm life.

The Iowa Department of Corrections formally recognized Wicca as a religion in November 2002, when the courts ruled on a case brought by another inmate. Iowa prisons must now recognize Wicca as they would other religions, and allow time for practitioners to observe eight religious holidays. Four of the holidays are combined with the institutions’ weekly religious services. The other four are allowed time for a “special service” typically held in the facility’s chapel.

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 also acknowledged that while a three-hour window was customary for religious observances, exceptions had been made to that standard for some religious groups.

“We will not address such exceptions, as the inmates have not alleged an Equal Protection claim in the present case,” the three circuit judges wrote in their decision.