NCJ Number
37524
Journal
Fordham Law Review Volume: 45 Issue: 1 Dated: (OCTOBER 1976) Pages: 92-109
Date Published
1976
Length
18 pages
Annotation
THIS NOTE EXAMINES THE NATURE OF THE FREE EXERCISE OF RELIGION, HOW IT RELATES TO THE PRISON SETTING, AND TESTS USED TO DETERMINE THE EXTENT TO WHICH THE FREE EXERCISE CLAUSE PROTECTS THE RELIGIOUS ACTIVITIES OF INMATES.
Abstract
TWO DISTINCT APPROACHES HAVE TRADITIONALLY BEEN TAKEN BY THE COURTS - EITHER A COMPELLING INTEREST STANDARD OR, AS A FUNCTION OF SPECIAL PRISON CIRCUMSTANCES, A REASONABLENESS STANDARD. HOWEVER, IN KAHANE V. CARLSON (1975), THE SECOND CIRCUIT APPLIED YET ANOTHER TEST IN ITS CONSIDERATION OF THE NECESSITY OF ACCOMODATING THE RELIGIOUS DIETARY REQUIREMENTS OF PRISONS - THE IMPORTANT OR SUBSTANTIAL INTEREST STANDARD. WHILE THIS THIRD TEST FALLS SOMEHWERE BETWEEN THE TWO PREVIOUSLY USED STANDARDS, NO EXPLICIT DEFINITION WAS OFFERED AS TO ITS BOUNDARIES. IT IS SUGGESTED THAT BY EMPLOYING A STANDARD DIFFERENT IN SOME UNDEFINED DEGREE FROM BOTH THE REASONABLENESS AND COMPELLING INTEREST TESTS, THE SECOND CIRCUIT FURTHER COMPLICATED AN ALREADY CONFUSED AREA WITHOUT CONSTRUCTIVELY CONTRIBUTING THERETO. (AUTHOR ABSTRACT MODIFIED)