A California Federal District Court Gets It Right for Once

After being denied an application for a chaplain position at the California Department of Corrections, Patrick McCollum, a Wiccan clergyman, filed a suit to challenge the state prison policy that limits paid chaplaincy positions to persons who are Protestant, Catholic, Jewish, Muslim or Native American.

The district court ruled that he lacked “standing” -- the right to sue. The court rightly said a legal challenge to the prison’s chaplain policy can only be brought by an inmate, not someone seeking to be hired. I say rightly because then a Wiccan would be able to claim he was denied access to a chaplain of his faith. Even then he would have to prove that there was a need for the access beyond that of a non-paid clergy person would be able to have.

The court also denied McCollum’s claim because he could not prove he would be hired even if the state policy was changed. (True!) The court also denied McCollum’s standing as a taxpayer gave him the right to sue.

He has appealed to the 9th U.S. Circuit Court of Appeals. Given their track record, I suspect they will overturn the ruling. It will probably end up at the Supreme Court. Under the 1st amendment any Wiccan does have the right to clergy. But it doesn't mean that a wiccan chaplain has to be hired without that need being there. The fact that Americans United for Separation of Church and State filed friend-of-the-court brief in McCollum v. California Department of Corrections and Rehabilitation tells me this is more about their trying to kick Christianity out than letting a Wiccan in.

& therein lies my concern. AU has been about shutting out Chrsitianity from the public square. So I find it hard to believe they want to expand access to religion. This case will bear watching to see what happens. Hopefully the 9th will do the right thing this time & then the Supreme Court will let it stand.

While this may seem to be a simple case, it could turn out to be much more. Depending on how things go, this could turn into another way to silence Christianity if the AU has its way.

Source: Wiccan Clergyman Denied Right to Become Prison Chaplain