Virginia
West Virginia judge rules in favor of incarcerated atheist’s rights against religious coercion
- A West Virginia federal judge has ruled in favor of an incarcerated atheist and secular humanist saying the state corrections agency cannot force him to participate in a religiously-affiliated program in order to be eligible for parole.
- This ruling comes after Miller filed a lawsuit in April, accusing the state of imposing Christianity on incarcerated individuals and failing to respect his lack of belief in God.
- Multiple courts have deemed programs such as AA and NA to be religiously-based.
A federal judge in West Virginia has ruled that the state corrections agency can’t force an incarcerated atheist and secular humanist to participate in religiously-affiliated programming to be eligible for parole.
In a sweeping 60-page decision issued Tuesday, Charleston-based U.S. District Court Judge Joseph Goodwin said Saint Marys Correctional Center inmate Andrew Miller “easily meets his threshold burden of showing an impingement on his rights.”
The state’s “unmitigated actions force Mr. Miller to choose between two distinct but equally irreparable injuries,” the judge wrote. He can either “submit to government coercion and engage in religious exercise at odds with his own beliefs,” or “remain incarcerated until at least April 2025.”
Goodwin issued a preliminary injunction requiring West Virginia Division of Corrections and Rehabilitation officials to remove completion of a state-run and federally-funded residential substance abuse program from Miller’s parole eligibility requirements. The agency did not return a request for comment Thursday.
Miller filed suit in a federal district court in April alleging the state is forcing Christianity on incarcerated people and has failed to accommodate repeated requests to honor his lack of belief in God.
WEST VIRGINIA WOMAN WHO IS BLIND RUNS 5K RACE, RANKS IN HER AGE GROUP: ‘THIS IS JUST THE BEGINNING’
The suit claimed Miller encountered “religious coercion” in June 2021 when he entered the Pleasants County correctional facility. Miller is serving a one- to 10-year, nondeterminative sentence for breaking and entering.
Substance use was not a factor in his offense, but Miller was enrolled in the program because he is in recovery from addiction.
He alleged the federally-funded substance abuse treatment program — which is a requirement for his parole consideration — is “infused with Christian practices,” including Christian reading materials and mandated Alcoholics Anonymous or Narcotics Anonymous meetings, where the Serenity and Lord’s Prayer are recited.
Due to the religious elements of the program, Miller withdrew from it after five days at Saint Marys. Prior to incarceration, he received secular treatment and maintained his sobriety for four years, according to his suit.
Multiple courts have determined that step-based programs like Alcoholics Anonymous and Narcotics Anonymous are religious-based programs because they are predicated on the existence of a higher power or a God. Steps ask participants to turn their “lives over to the care of God” and encourage prayer to improve “conscious contact with God.”
In the “Big Book,” the foundational document of these programs, “Chapter 4: We Agnostics” tells atheists and agnostics that they are “doomed to alcoholic death” unless they “seek Him.” The chapter characterizes non-believers as “handicapped by obstinacy, sensitiveness, and unreasoning prejudice.”
In his decision, Goodwin said although West Virginia’s “longstanding” program has never faced judicial scrutiny, other courts have found them to contain “such substantial religious components that governmentally compelled participation” violates the First Amendment.
“I have been provided with no evidence that West Virginia’s program is any less religious or less coercive than the programs invalidated in other jurisdictions,” Goodwin said.
The Parole Board Panel interviewed Miller three times and declined to grant him parole. Miller alleged that his failure to complete the program contributed significantly to the Board’s decision to deny him parole, something the state did not dispute.
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“Although Mr. Miller has no entitlement to parole, the record strongly suggests that he would already have been released, but for maintaining his objections to an unconstitutional policy,” Goodwin said.
Geoffrey T. Blackwell, Litigation Counsel for American Atheists who represented Miller along with nonprofit legal services organization Mountain State Justice, on Wednesday called the ruling “a complete vindication of Andrew’s rights under the law.”
“Without Andrew’s willingness to take on this fight, West Virginia would continue to unconstitutionally impose religion on people in its corrections system,” he said. American Atheists is an organization that fights for atheists’ civil liberties and advocates the separation of church and state in the U.S.
Lesley Nash, an attorney with Mountain State Justice, said the organization is pleased the court protected Miller’s rights when the state did not.
“No one should be forced to set aside their moral or religious creed as a precondition of their parole,” Nash said.
Virginia
NBA Draft: West Virginia Duo Produce Big Numbers in Upset Over No. 3 Gonzaga
West Virginia got off to a hot start at the Bad Boy Mowers Battle 4 Atlantis by knocking off undefeated Gonzaga 86-78 in overtime in their first-round matchup. The Mountaineers have received strong performances to begin the season from two upperclassman transfers: Javon Small and Tucker DeVries.
With each player delivering standout performances, it’s time to start considering them seriously as draft prospects.
Let’s take a closer look at their outings in this big win and dive into their seasons as a whole up to this point.
Tucker DeVries finished this game with a stuffed stat line of 16 points, six rebounds, four assists, two steals and four blocks. This level of versatility clearly illustrates the type of player he is, as he looked solid in nearly every aspect of the game. He has good positional size at 6-foot-7 and plays with a very high IQ on both ends of the floor. His defensive impact was especially noticeable, as he consistently made impactful plays, including a steal that led to free throws to tie the game at the end of regulation. DeVries finished the second half on a 5-0 run, which gave West Virginia momentum to capture the game in overtime.
DeVries has had a solid all-around season leading up to this performance, averaging 13.5 points, 4.8 rebounds, two assists, 2.5 steals and 1.3 blocks, with shooting splits of 36.6%/40.7%/81.3%. If he were to be drafted following this season, it would likely be in the second round, but his versatile play style is very promising.
Javon Small led the Mountaineers in scoring during this upset victory, contributing 31 points on impressive shooting splits of 50%/40%/81.8%. In addition to his scoring, he also grabbed seven rebounds, dished out two assists and added one steal and one block. Small is a quick and slippery guard who stayed in attack mode throughout the game, translating well into fast-break opportunities. Rarely staying in one spot on offense, Small kept the floor spaced and forced his defender to fight through traffic to keep up with him. His offensive approach was patient as he waited for his defender to get off balance before attacking.
Before this game, Small had averaged 15.5 points, 3.3 rebounds, four assists and three steals. He leads the Mountaineers in points, assists, and steals, while providing a noticeable spark on a nightly basis. Small is now at his third school in four years, with similar statistics in each of his previous two seasons. As an older guard, it is not guaranteed that he will be drafted, but if this level of productivity continues throughout the season, he may receive an opportunity to prove himself at the next level.
Want to join the discussion? Like Draft Digest on Facebook and follow us on Twitter to stay up to date on all the latest NBA Draft news. You can also meet the team behind the coverage.
Virginia
Virginia Tech Football: Three Keys to Victory for the Hokies on Saturday vs Virginia
The rivalry matchup between Virginia Tech and Virginia is nearly 48 hours away and it is a big matchup for both teams. The Hokies and the Cavaliers are both 5-6 and needing a win to make a bowl game. The loser will be getting a headstart on 2025 instead of playing in the postseason.
At the start of the year, Virginia Tech was being talked about as one of the biggest surprise teams not just in the ACC, but in the country. This team’s biggest goals have gone away, but they still have an opportunity to reach a bowl game for the second straight season. That should still be a big deal to the program, but on the other side, the Cavaliers are trying to make a bowl game for the first time under Tony Elliott. They are going to be fired up about playing in this game and having a chance to make a bowl game, so Virginia Tech can’t take it for granted, no matter their past success vs Virginia.
So what are the keys to a win for Virginia Tech on Saturday?
Before you could even blink on Saturday night, Virginia Tech was trailing Duke 14-0 thanks to two long touchdown plays and the Blue Devils have not been a very explosive offense this season. Virginia has found a way to put points on teams like Clemson and Louisville this season and has improved since last year. The Hokies’ pass rush was non-existent on Saturday vs Duke, finishing with no sacks and being unable to disrupt Duke quarterback Maalik Murphy. They will have to be able to play better on Saturday if they want to avoid the upset.
It is still up in the air who is going to play quarterback for the Hokies on Saturday night, but whoever it is would benefit from a big game from one of the nation’s best running backs. Tuten had 84 yards on 19 carries last week, but Virginia Tech might need more than that on Saturday when the face the Cavaliers.
Our own RJ Schafer wrote this about the quarterbavck situation heading into Saturday’s game:
“Brent Pry listed both Kyron Drones and Collin Schlee as questionable ahead of the historic matchup. He added that both will practice, although very limited, and they could “just be watching” from the sidelines.
Coach Pry also added that Virginia Tech is preparing four quarterbacks to be ready to play this weekend, including Davi Belfort, a freshman quarterback from Brazil, a country which could begin to be the future of American college football.
Whoever plays this weekend is going to have to have to manage the game and not turn the ball over. I think the offense is going rely on the run game heavily this weekend due to that.
Additional Links:
Virginia Tech Football Releases Depth Chart Ahead of Matchup Against Virginia
Virginia Tech Football: PFF Grades and Snap Counts For Every Player in Saturday’s Loss to Duke
Virginia Tech Football: Updated Bowl Projections For The Hokies Heading Into Final Game
Virginia
Big Tests On The Horizon For Virginia Tech Wrestling – FloWrestling
At 3-0 with marquee victories over #6 Missouri (23-10) and #21 Rutgers (26-11), as well as a second-place finish in the Keystone Open with just a handful of starters competing, Virginia Tech has swept through a tough November and is prepared for a difficult December.
The Hokies, #12 in Flo’s team tournament ratings but top 10 in various dual-meet rankings, are next scheduled for an annual trip to Las Vegas for the Cliff Keen Invitational, featuring 27 teams, of which 14 are among Flo’s top 25. And then it’s another trip west to Stillwater on Dec. 19 to challenge #5 Oklahoma State in a rare Thursday match.
The early key thus far for the Hokies has been the ability to win the bouts they’re supposed to win and grabbing a fair share of so-called toss-up bouts.
To wit, Tech’s #18 Sam Latona downing Missouri’s #13 Josh Edmond (4-2) at 141, or #25 Rafael Hipolito majoring the Tigers’ #32 James Conway (11-3) at 157 and #15 Jimmy Mullen stopping #20 Seth Nitzel (4-2) at heavyweight.
That trend continued at Tech’s Moss Arts Center match against #21 Rutgers when Latona used a late takedown to defeat Joey Olivieri 7-5, #4 Lennox Wolak pinned veteran Jackson Turley at 174 and #9 Andy Smith slipped past #17 John Poznanski 4-3 at 197.
Hokies coach Tony Robie only took a few regulars to the Keystone Open in Philadelphia and, led by championship efforts by #1-ranked Caleb Henson at 149 and heavyweight Hunter Catka, Tech placed second behind Lock Haven. Latona placed third at 141 and Sam Fisher did the same at 184.
Robie opted to use the Hokies’ roster as freshmen Dillon Campbell (125), Matt Henrich (157), Luke Robie (157) and Jack Bastarrika (133) competed as did redshirt juniors Jackson Spires (165) and Ty Finn (174). Spires placed second.
Who’s Ready For Change?
With legislation on the NCAA’s table affecting scholarship and roster limits — unlimited scholarships and a roster cap — as well as revenue sharing, some college wrestling programs likely have a serious dose of trepidation while others are confident they can deal with whatever happens.
Virginia Tech sits in the latter category.
“I have no concerns whatsoever about that,” Robie said earlier this month. “I think a lot of it probably will happen. It’s hard to say whether it’s good or bad for the sport; that’s not really for me to say. What I will say is you have to adjust with what the rules are and what the landscape of college athletics looks like, and that’s what we intend on doing.
“Is it good for the overall health of the sport of wrestling? The kid that’s the 35th kid on your roster? Probably not. But I think definitely there were probably some things that needed to change; the pendulum was starting to swing significantly the other way. At some point, it’ll probably start to go back to the middle.”
Robie said all anyone can do is wait for the final decisions.
“We have some contingency plans based on what we think is going to happen and we’ll move forward with our plan and try to execute it,” he said.
A Pretty Good Gig
Robie, in his eighth year as head coach, has been at Tech since 2006 and as each season passes, the commitment and enthusiasm remain the same.
“Well, you get to do what you like to do. And it’s a pretty cool thing to be able to coach wrestling for a living and be a part of a pretty good program, and work with some great people and try to affect the lives of the kids in your program,” he said.
“I think anybody would want to do that. For me, I’m not young anymore. I turned 50 … who knows how long I’m going to do it, but I’m going to give it the best I can while I’m doing it and hopefully continue to improve as a program and try to try to help these guys as much as possible. But it’s good, Virginia Tech’s a great place to work, it’s a great place to live. I’ve got a great staff and it makes my life pretty easy.”
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