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Conn. DOC changes policy on ancient ritual after Wiccan inmate sues

The lawsuit argued that a policy restricting “smudging” violated the inmate’s First Amendment right to religious freedom and federal civil rights protections

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By Jesse Leavenworth
The Hour, Norwalk, Conn.

NORWALK, Conn. — Connecticut’s Department of Correction recently changed its policy on inmates’ practice of an ancient ritual after a convicted felon and self-described Wiccan sued the state.

Daniel D. Wine, 56, who was sentenced to 29 years in prison in 2016 after the Vernon man was convicted of multiple felonies tied to sexual contact with a minor, contended in his suit against Gov. Ned Lamont and other state officials that a policy limiting “smudging” denied his right to practice religion under the First Amendment and federal civil rights law.

Smudging is a purification ritual rooted in Native American cultures that involves burning sage, cedar, sweetgrass and other materials, which more recently also have been sold in “starter witch” kits. Smoke from the burning herbs and resins is meant to heal, bless and protect people against negative energy.

When Wine sued in February 2023, “the only religion allowed to practice smudging (in Connecticut prisons) was Native American,” Assistant Attorney General James W. Donohue wrote in a recently filed motion to dismiss Wine’s complaint. However, as of Oct. 3, the policy now also accommodates other faith groups that practice the rite, making Wine’s lawsuit moot, Donahue wrote. The case is set for a hearing in Hartford Superior Court on Dec. 16.

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Along with the First Amendment, Wine cited the Religious Land Use and Institutionalized Persons Act, which is meant to protect individuals and religious groups from discriminatory and unduly burdensome rules. Congress passed the law after hearing testimony focused mostly on zoning regulations that placed “substantial burdens” on worship services without a compelling governmental interest.

Wine noted in his complaint regarding the former policy of allowing only followers of Native American religions to practice smudging that the U.S. Constitution prohibits the government from compelling or encouraging people to be religious or forcing anyone to choose one religion over another.

Asked Monday if Wine’s lawsuit prompted the policy change, correction department spokesperson Andrius Banevicius said officials do not comment on pending litigation. Donohue could not be reached for comment.

In his complaint, Wine names several other practicing Wiccan inmates who he claims were wrongly banned from smudging.The amended policy says inmates must buy smudging materials from the prison commissary and that materials such as toilet paper are not to be used. Sage and other authorized smudging materials must be burned outside during designated “Smudge Time.” Attempting to inhale the ritual smoke is not allowed, and those who violate the policy can be removed from the smudging program for at least six months, with all existing supplies disposed of, according to the policy.

Often associated with paganism and witchcraft, Wicca is defined by Merriam Webster Dictionary as “a religion influenced by pre-Christian beliefs and practices of western Europe that affirms the existence of supernatural power (such as magic) and of both male and female deities who inhere in nature and that emphasizes ritual observance of seasonal and life cycles.”

Practitioners of Wiccan smudging, according to Wine’s description, “cast a circle,” calling on elements of earth, water, air and fire in the north, west, east and south, respectively. The faithful may call on certain spirits or deities for any of “inexhaustible reasons,” the suit says. Wine cautioned, however, that “there is always the risk of bringing forth negative energies,” which is especially true “if the practitioner already has a negative resonance around him or her retro to opening the circle and or starting any practice.”

Wine is being held at the MacDougall-Walker Correctional Institution in Suffield. His maximum release date is April 3, 2042 .

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