Court Affirms Rights of Inmates

Prison officials may not place substantial burden on religious exercise

The 4th U.S. Circuit Court of Appeals has issued a ruling that protects the religious rights of inmates.

A three-judge panel of the appellate court in Richmond, Virginia, found that a section of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) does not violate the First Amendment’s Establishment Clause.

“To hold otherwise and find an Establishment Clause violation would severely undermine the ability of our society to accommodate the most basic rights of conscience and belief in neutral yet constructive ways,” wrote Circuit Judge J. Harvie Wilkinson III. The December 8 decision was unanimous.

Religious liberty advocates were pleased. According to Patrick Korten of The Becket Fund, “Invalidating RLUIPA would have made things more difficult for individual inmates seeking greater opportunity to practice their religion while incarcerated.”

As it stands, RLUIPA prevents prison officials from placing a “substantial burden” on religious exercise without a compelling interest, such as ensuring security and safety, according to Korten. The case involved Ira W. Madison, a convict in a prison of the Virginia Department of Corrections. Prison officials had denied his request for kosher meals.

A district court ruled earlier that RLUIPA provided impermissible special protections to prisoners.

Copyright © 2004 Christianity Today. Click for reprint information.

Related Elsewhere:

Other Christianity Today articles on the Religious Land Use and Institutionalized Person’s Act include:

Judge Will Reconsider Decision on Church Land Use (Aug. 12, 2003)

Federal Judge Rules Parts of Church Land-Use Law Unconstitutional | Groups plan to help Elsinore Christian Center appeal zoning case. (July 11, 2003)

No Religion-Based Zoning | Illinois Vineyard church wins right to worship in its own building. (May 13, 2003)

Churches vs. Homeowners | Legal experts assess last week’s appeals court decision that houses of worship may be “incompatible with a place of quiet seclusion.” (Oct. 23, 2002)

Feds Intervene in Zoning Case | Elsinore Christian Center seeks to relocate into commercial zone. (Oct. 3 2001)

President Signs Religious-Liberty Bill | Law says government must again prove “compelling interest” to curb free exercise of religion in land use, prisons, and hospitals. (Sept. 26, 2000)

Also in this issue

Chicago's Holy Fire: James Meeks may be the most effective megachurch pastor you've never heard of.

Cover Story

MegaShepherd

Bob Smietana

The <em>Christianity Today</em> News Wrap

CT Staff

Making Disciples by Sacred Story

Walter Wangerin Jr.

Editorial

Muslims at Home in America

A Christianity Today Editorial

My Enemy, Myself

Telford Work

Our Last and Only Hope

Stanley J. Grenz

Peace in the Trash Can

Mary Cagney

Lenten Inventory

Compiled by Richard A. Kauffman

River Deep Mercy Wide

Photos and essay by Gary Gnidovic

Saddleback's Social Capital

Reviewed by John Wilson

Magnificence in Wreckage

Reviewed by Cindy Crosby

Turkmenistan Tightens Religion Law

CT Staff

Winning them softly

John W. Kennedy

Forgotten casualties of an uncivil war

Deann Alford

At the Crossroads

Martin E. Marty

While I Was Sleeping

Lindsey O'Connor

New Life in a Culture of Death

Deann Alford

A Laughing Child in Exchange for Sin

Christine A Scheller

God-honoring Retirement

Reviewed by Cindy Crosby

Review

Hip-Hop Opera

Todd Hertz

The Gradual Grief of Alzheimer's

As complicated as ABC

An interview with Anne Peterson

'Swing Evangelicals'

Tony Carnes

Activist Presbyterian May Lose Credentials

Kevin Eckstrom, RNS, with Presbyterian News Service

Confronting Moral Horror

Glittering Images

News

VeggieTales Born Again

By Bob Smietana

Operation Evil Power

Answered by Richard B. Hays

Gospel Gem

James A. Beverley

House-Church Christian Dies in Custody

Compass Direct, Nanjing

Inside <em>CT</em>: Carl Henry's Dream

It's Not About Us

Reviewed by Cindy Crosby

Editorial

Let No Law Put Asunder

A Christianity Today Editorial

Looking Back to Go Forward

Reviewed by Cindy Crosby

View issue

Our Latest

News

Amid Fear of Attacks, Many Nigerians Mute Christmas

Emmanuel Nwachukwu

One pastor has canceled celebrations and will only reveal the location of the Christmas service last-minute.

A Time of Moral Indignation

CT reports on civil rights, the “death of God” theology, and an escalating conflict in Vietnam.

A Heartwarming Book on Sin

Three books on theology to read this month.

The Bulletin

Brown University Shooting and The Last Republican

Mike Cosper, Clarissa Moll

Violence at Brown, and former Rep. Adam Kinzinger talks about Jan 6, courage, and global affairs.

Come, Thou Long-Expected Spirit

W. David O. Taylor

The Holy Spirit is present throughout the Nativity story. So why is the third person of the Trinity often missing from our Christmas carols?

Who Writes History When There Is No Winner?

Lebanon’s civil war is a taboo subject. A group of Christians and Muslims is broaching it.

Review

Review: Angel Studios’ ‘David’

Peter T. Chattaway

Artistically, it’s ambitious. Narratively, it works. But it’s no “The Prince of Egypt.”

My Son’s Last Christmas at Home

Christmastime comes with its own losses and longings. God understands them.

Apple PodcastsDown ArrowDown ArrowDown Arrowarrow_left_altLeft ArrowLeft ArrowRight ArrowRight ArrowRight Arrowarrow_up_altUp ArrowUp ArrowAvailable at Amazoncaret-downCloseCloseEmailEmailExpandExpandExternalExternalFacebookfacebook-squareGiftGiftGooglegoogleGoogle KeephamburgerInstagraminstagram-squareLinkLinklinkedin-squareListenListenListenChristianity TodayCT Creative Studio Logologo_orgMegaphoneMenuMenupausePinterestPlayPlayPocketPodcastRSSRSSSaveSaveSaveSearchSearchsearchSpotifyStitcherTelegramTable of ContentsTable of Contentstwitter-squareWhatsAppXYouTubeYouTube