9th Circuit: Suit Over Confiscation of Inmate's Wiccan Materials Should Not Be Dismissed on Summary Judgment

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."

7th Circuit Grants Preliminary Injunction To Wiccan Inmate

In Knowles v. Pfister, (7th Cir., July 13, 2016), the U.S. 7th Circuit Court of Appeals in an opinion by Judge Posner reversed the trial court and ordered entry of a preliminary injunction to allow a Wiccan inmate to wear a one-inch pentacle medallion around his neck.  Finding that the inmate's "freedom of religion has been gratuitously infringed by the prison," the appeals court rejected the Illinois federal district court's reasoning, saying in part:

We have trouble seeing the force of these points—(1) what an adequate remedy at law would be (monetary compensation for the loss of a religious entitlement?); (2) how forbidding a religious observance important to a devout practitioner could be thought harmless to him because other observances remained open to him... and (3) how the plaintiff could obtain any relief unless the warden was enjoined from violating RLUIPA.

Council Revokes Invitation To Wiccan To Deliver Invocation

WHNT News reports that the Huntsville, Alabama City Council pulled back the invitation it originally extended to a Wiccan clergyman to deliver the invocation at yesterday's City Council meeting.  Wiccan Blake Kirk had been scheduled to deliver the opening prayer, but when the Council agenda was publicly released several Council members received "community concerns" about a Wiccan being invited. Kirk said he gave the invocation earlier this year and no one asked him to identify his faith.

British Tribunal Awards Wiccan Witch Damages For Unfair Dismissal and Religious Discrimination In Employment

In Britain, in the first case of its kind, an Employment Tribunal at Watford (near London) has awarded a total of over £15,000 ($24,500 US) for unfair dismissal, sex discrimination and religious discrimination in a suit brought by a Wiccan witch who claims she was fired by her employers who were horrified when they learned of her beliefs.  According to last week's Daily Mail, Karen Holland had worked for two years at the newspaper and magazine concession at the Londis store in West Hemple when in October the news agency was taken over by two brothers, Tarloch and Gurnam Singh (who are Sikhs). They discovered Holland's beliefs later that month when she returned from celebrating All Hallows' Eve (also known as the Pagan Festival of the Dead).  They began to ridicule her and fired her the next month after accusing her of stealing a magazine and a lottery ticket. In finding for Holland, the Tribunal judge said that the manner in which she was fired was "indefensible" and breached "the basics of natural justice." The owners are appealing the decision, saying the damage award will destroy their business.