Herbert Daniel Dettmer v. Robert Landon, Director of Corrections

BUTZNER, Senior Circuit Judge:

The Director of the Virginia Department of Corrections appeals from an order of the district court declaring the Church of Wicca to be a religion and enjoining prison officials from denying Herbert Dettmer, an inmate at Powhatan Correctional Center, access to six objects that he requested for use in the private meditation taught by the Church. We agree with the district court that the doctrine taught by the Church of Wicca is a religion, but we vacate the injunction because it is based on an erroneous legal premise and lacks evidentiary support.

I

In 1982 Herbert…