FROM THE ARCHIVE

Non-Indian wins prison religious suit

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FEBRUARY 8, 2001

The 4th Circuit Court of Appeals on Wednesday ruled a Virgina prison policty unconstitutional because it prevented a non-Indian inmate from using items associated with Native American religious practices.

Gary Davidson Morrison Jr., a Greensville Correctional Center inmate, challenged a law which allowed only Indian inmates access to items used in ceremonies. Morrison is not Native but he uses animal parts and hides, sage, tobacco, shells, smoking pipes, feathers, and beads as part of what he calls "Native American Spirituality."

Morrison is also a member of a prisoners' group calle HEART or "Heritage Examined Around Redman Traditions." Most of the prisoners are not Native and were denied requests to use or possess the items.

The prison said the only inmates allowed access were those who were enrolled in a tribe, had a Native American relative, or had a BIA identification card. The policy was designed to reduce security risks.

But since the court said the prison couldn't prove the items were any more dangerous in the hands of non-Indians, they said the policy was race-based and therefore unconstitutional.

Get the Case:
MORRISON v. GARRAGHTY No 00-6540 (4th Cir. February 2001)