Interesting - could this cause problems for meetings and bible studies held at prisons by JW's?
DES MOINES, Iowa (AP) -- A judge has ruled that a Bible-based prison program violates the First Amendment's freedom of religion clause by using state funds to promote Christianity to inmates.
Prison Fellowship Ministries, which was sued in 2003 by an advocacy group, was ordered Friday to cease its program at the Newton Correctional Facility and repay the state $1.53 million.
"This calls into question the funding for so many programs," said Barry Lynn, executive director of the Washington-based Americans United for Separation of Church and State, which filed the suit. "Anyone who doesn't stop it is putting a giant 'sue me' sign on top of their building."
Lynn's group accused Prison Fellowship Ministries of giving preferential treatment to inmates participating in the program. They were given special visitation rights, movie-watching privileges, access to computers and access to classes needed for early parole.
U.S. District Judge Robert Pratt called the perks "seemingly minor benefits" that constituted unfair treatment to those not in the religious program. Despite any claims of rehabilitating inmates, the program "impermissibly endorses religion," Pratt wrote.
The InnerChange Freedom Initiative was implemented in Newton in 1999. State prison officials have said they hired the religious group to improve inmate behavior and reduce recidivism -- not promote Christianity.
Ministry president Mark Earley said in a statement Friday that the group plans to appeal the ruling and believes its program is constitutional.
"This decision, if allowed to stand, will enshrine religious discrimination," Earley said. "It has attacked the right of people of faith to operate on a level playing field in the public arena and to provide services to those who volunteered to receive them."
The judge gave the group's workers 60 days to leave the prison, though he put a stay on his order, meaning the decision won't officially be implemented until the appeals process is complete.
Copyright 2006 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.
http://www.cnn.com/2006/LAW/06/03/prison.religion.ap/index.html
Judge outlaws prison group's Bible program
by daniel-p 5 Replies latest jw friends
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daniel-p
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kwr
No, This was a program that was paid by the State, not a regular meeting or religious service that receives no funding from the government.
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Justitia Themis
KWR is correct. JWs, and all other religious groups that hold services in prisons, are protected under the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA). These acts state that prisoners must be accomodated so that they can practice their faith despite being incarcerated.
The Des Moines case differs in that state funds were being used, in essence, to promote one religion over another, thereby establishing a state religion, which violate the Establishment Clause.
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daniel-p
"The Des Moines case differs in that state funds were being used, in essence, to promote one religion over another, thereby establishing a state religion, which violate the Establishment Clause. "
What about using these state funds to set aside meeting space for memorials and other meetings within the prison? -
Justitia Themis
Daniel P:
I'm not sure that I understand the question...I'll take a shot at an answer. RLUIPA states that prisoners must be allowed to practice their faith while incarcerated. Therefore, if you have a group of Catholics that want Sunday mass, reasonable accomodations must be made. If you have a group of JWs that want to study the Watchtower, reasonable accomodations must be provided.
This, however, is a problem: Lynn's group accused Prison Fellowship Ministries of giving preferential treatment to inmates participating in the program. They were given special visitation rights, movie-watching privileges, access to computers and access to classes needed for early parole.
At this point, they elevated one religious group over another religious group...tacit endorsement.
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Kenneson
I have been a member of Prison Fellowship since 1993. None of our programs here are funded by the State. Newton Correctional is an exception and not the rule.