Dettmer v. Landon
Encyclopedia
Dettmer v. Landon, 799 F.2d 929
(4th Cir. 1986), is a court case
in which the United States Court of Appeals for the Fourth Circuit
held that although Wicca
was a religion, it was not a violation of the First Amendment
to deny a prisoner access to ritual objects.
prisoner, and a member of the School of Wicca
. Dettmer desired access to ritual objects, including several varieties of knife, with which to practice Wicca
rituals. Knives, of course, are not available to prisoners. When the state would not provide him these ritual objects, he sued Robert Landon, the Director of the Virginia Department of Corrections
in federal court to get access to objects he claimed were necessary for his religious practice. The United States District Court for the Eastern District of Virginia
decided in Dettmer's favor, finding that Wicca was a religion, rejecting the argument put forward by the Department of Correction that it was merely a "conglomeration" of occult practices. This decision was appealed to the Fourth Circuit Court of Appeals, and was argued before the appellate court in April 1986.
, affirmed the district court's ruling that Wicca
was a religion, but vacated the injunction.
The appellate court considered but rejected the claims of the government about Wicca itself, which included that Wicca was a mere "conglomeration" of "various aspects of the occult, such as faith healing
, self-hypnosis
, tarot card reading, and spell casting, none of which would be considered religious practices standing alone," and that even if Dettmer's beliefs were religious, the rituals were not.
The conclusion of the Fourth Circuit was that the District court had found that Dettmer had a religious belief entitled to full First Amendment protections, but that he was not entitled to an injunction, since "[t]he decision to prohibit Dettmer from possessing the items that he sought did not discriminate against him because of his unconventional beliefs."
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(4th Cir. 1986), is a court case
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
in which the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
held that although Wicca
Wicca
Wicca , is a modern Pagan religious movement. Developing in England in the first half of the 20th century, Wicca was popularised in the 1950s and early 1960s by a Wiccan High Priest named Gerald Gardner, who at the time called it the "witch cult" and "witchcraft," and its adherents "the Wica."...
was a religion, it was not a violation of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to deny a prisoner access to ritual objects.
Facts
The plaintiff, Herbert Daniel Dettmer, was a VirginiaVirginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
prisoner, and a member of the School of Wicca
Church and School of Wicca
The Church and School of Wicca was founded by Gavin Frost and Yvonne Frost in 1968. It was the first federally recognized Church of the religion known as Wicca in the United States. It is well known for its correspondence courses on the Frosts' unique interpretation of Wicca...
. Dettmer desired access to ritual objects, including several varieties of knife, with which to practice Wicca
Wicca
Wicca , is a modern Pagan religious movement. Developing in England in the first half of the 20th century, Wicca was popularised in the 1950s and early 1960s by a Wiccan High Priest named Gerald Gardner, who at the time called it the "witch cult" and "witchcraft," and its adherents "the Wica."...
rituals. Knives, of course, are not available to prisoners. When the state would not provide him these ritual objects, he sued Robert Landon, the Director of the Virginia Department of Corrections
Virginia Department of Corrections
The Virginia Department of Corrections is the government agency responsible for operating prisons and correctional facilities for the US Commonwealth of Virginia. The agency is fully accredited by the American Correctional Association and is one of the oldest functioning correctional agencies in...
in federal court to get access to objects he claimed were necessary for his religious practice. The United States District Court for the Eastern District of Virginia
United States District Court for the Eastern District of Virginia
The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...
decided in Dettmer's favor, finding that Wicca was a religion, rejecting the argument put forward by the Department of Correction that it was merely a "conglomeration" of occult practices. This decision was appealed to the Fourth Circuit Court of Appeals, and was argued before the appellate court in April 1986.
Opinion of the Fourth Circuit
The Fourth Circuit, in a decision by Senior Circuit Judge John D. Butzner, Jr.John D. Butzner, Jr.
John Decker Butzner, Jr. was a United States federal judge.Butzner was born in Scranton, Pennsylvania, and as a child, he began to become interested in the law when he visited his uncle Billy Butzner, a lawyer...
, affirmed the district court's ruling that Wicca
Wicca
Wicca , is a modern Pagan religious movement. Developing in England in the first half of the 20th century, Wicca was popularised in the 1950s and early 1960s by a Wiccan High Priest named Gerald Gardner, who at the time called it the "witch cult" and "witchcraft," and its adherents "the Wica."...
was a religion, but vacated the injunction.
The appellate court considered but rejected the claims of the government about Wicca itself, which included that Wicca was a mere "conglomeration" of "various aspects of the occult, such as faith healing
Faith healing
Faith healing is healing through spiritual means. The healing of a person is brought about by religious faith through prayer and/or rituals that, according to adherents, stimulate a divine presence and power toward correcting disease and disability. Belief in divine intervention in illness or...
, self-hypnosis
Hypnosis
Hypnosis is "a trance state characterized by extreme suggestibility, relaxation and heightened imagination."It is a mental state or imaginative role-enactment . It is usually induced by a procedure known as a hypnotic induction, which is commonly composed of a long series of preliminary...
, tarot card reading, and spell casting, none of which would be considered religious practices standing alone," and that even if Dettmer's beliefs were religious, the rituals were not.
The conclusion of the Fourth Circuit was that the District court had found that Dettmer had a religious belief entitled to full First Amendment protections, but that he was not entitled to an injunction, since "[t]he decision to prohibit Dettmer from possessing the items that he sought did not discriminate against him because of his unconventional beliefs."