An article from November 2003, a panel of judges in Cincinnati, Ohio made a judgment on the case of four prisoners fighting to practice their respected religions. This case involved four prisoners who claimed to be a part of the Church of Jesus Christ Christian, Asatru, Wiccan, and Satanist. The case was brought up due to the guards refusing to let these men practice their religion. The article states that this is not the first time that this case has been brought to court. In the latest of the cases prior to the ruling yesterday, the court ruled that states have the right to review whether or not religion can be practiced in prison. The latest ruling by the three judges stated “that the law amounted to an endorsement of religion by the government, violating the establishment clause of the First Amendment.”
The judges were moving away from the states’ rights and towards the First Amendment which is a change in pace for the state’s regard of prisons. With the prison having the right to choose what religions are seen within the walls of the prison it is showing preferential treatment to one religion over another. The article reports, “The judges in yesterday's decision agreed, ruling unanimously that the law 'has the effect of encouraging prisoners to become more religious in order to enjoy greater rights.'” This in essence is saying that the prisoners should be able to practice their respective religions while they are behind bars as long as they are following the law.
When I read this article the first time, I thought that it was odd that prisoners were not allowed to practice religion while behind bars. I then looked back at the article and saw that it was not mainstream religions but minority religions that were being discriminated against. I do not find that to be fair. Every religion should be allowed to practice in prison or they are having their first amendment rights stripped. Granted, prisoners do not have the same rights as most citizens, but the right to practice religion should be one that is always guaranteed.
The article states that the prisoners complained that they were not allowed to dress in the garb their religion required. I do agree with the guards that the prisoners should not be able to practice their religion by wearing garb. Something that is taking away from the uniform that is required should not take place. Practicing religion is one thing but these prisoners need to remember that they are behind bars and do not have the right to wear what they want. The decision that was made by the judges was fair and I do not feel that anything else should be done as long as each religion can be practiced.
http://query.nytimes.com/gst/fullpage.html?res=950DE4DC1239F93BA35752C1A9659C8B63
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3 comments:
I spent last semester in DC for a criminal justice seminar in which we toured a number of different types of prisons. Many of them did offer some sort of religious practice in what I would call a neutral setting. There was a chapel, but it was not set up for any specific religion, there was even a separate area for the Muslims to wash their feet and windows for them to pray towards Mecca. I found this to be a pretty reasonable set up for the practice of religion behind bars. I also agree, however, that there should be equal opportunity for all religions to practice within reason as long as to not interfere with the running of the prison (ie all prisoners in uniform). I think the ruling of the judges is a fair one.
The ability to practice religion while in prison is an important right, however prisoners must remember that they are in prison for a reason and are subject to certain restrictions. While most religious practices are allowed, some may fall under stricter regulations due to the fact they may be disruptive to the operations of the facility or even cause for safety concerns. All intimates are required to wear prison issued uniforms, for many reasons, and can not expect to wear whatever they want, even if it is for religious purposes. In update to this article, the Supreme Court ruled unanimously in 2005 to uphold the constitutionality of a federal law requiring prisons to accommodate the religious practices and beliefs of inmates. The bottom line is prisoners need to remember that they are being punished, and should be glad to even have their right to religion.
I think this is an interesting issue because prisoners are stripped of certain rights while in prison, including the right to vote. I wonder if the right to exercise religion could also be justifiably stripped. In any case, if the jails are going to allow freedom to worship, they must accept worship from each and every "religious tradition" regardless of whether the practice is perceived to be genuine. It is important that the State never be allowed to act as arbiter of religion. All or no religion should be allowed in jails. If a self-proclaimed satanist wants to exercise his freedom to worship, than the courts have not option other than to allow him/her to do so. Religion cannot be defined by the courts.
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