In Goff v. Rode, (9th Cir., Aug. 18, 2026), the U.S. 9th Circuit Court of Appeals in a 2-1 decision held that an inmate presented sufficient evidence to create a dispute that should go to trial over whether confiscation of his Wiccan religious items constituted a substantial burden on his religious exercise. The majority said in part:
... [A] jury could reasonably conclude that the deprivation of Goff’s protective medallion and altar cloth substantially burdened his exercise of Wicca. Defendants do not dispute the sincerity of Goff’s religious beliefs. And according to Goff, his medallion stored energy and had significant “spiritual” value, preventing “negative or evil forces/energies that would seek to cause imbalance or harm.” Goff’s altar cloth was similarly “[a] consecrated space for casting runes for Divination, altar items . . . , [and] prayer focus.”...
That Goff could have alternative ways to practice Wicca in some form, as our dissenting colleague contends, does not make the deprivation of his religious items any less of a substantial burden....
Judge Rawlinson dissented, saying in part:
... There is absolutely no evidence in the record that Goff was coerced into acting contrary to his beliefs or that he was pressured in any way to modify his behavior and violate his beliefs.... Indeed, Goff continued to practice his rituals as he did before confiscation of the altar cloth and medallion....
In addition, Goff could have replaced the altar cloth and medallion, but elected not to do so. It is undisputed that the altar cloth and medallion cost $12 each. It is also undisputed that Goff was previously allowed to possess the medallion and chain, and there is nothing in the record to suggest that a request to replace the altar cloth and medallion would be denied. Goff does not assert that he lacks the funds to replace the altar cloth and medallion. Rather, he has elected not to do so because he "will not place money on [his] account until [he] start[s] getting these [11 lawsuits] dealt with and taken care of."