NCJ Number
38927
Date Published
1976
Length
40 pages
Annotation
THIS REPORT EXAMINES RECENT CASELAW INVOLVING PRISONERS' AND MENTAL PATIENTS' RIGHTS TO FREEDOM OF RELIGION.
Abstract
THE FIRST AMENDMENT READS, IN PART, 'CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF.' THE INITIAL JUDICIAL STRUGGLES CONCERNING RELIGIOUS FREEDOMS AND CORRECTIONAL INSTITUTIONS INVOLVED BLACK MUSLIMS, AND BY THE LATE 1960'S THAT GROUP HAD ACHIEVED RECOGNITION AS A RELIGIOUS BODY ENTITLED TO CONSTITUTIONALLY GUARANTEED RIGHTS. STANDARDS OR TESTS THE COURTS HAVE UTILIZED IN WEIGHING RELIGIOUS CLAIMS AGAINST THE INTERESTS OF THE STATE ARE SURVEYED. THESE INCLUDE THE THREE-PART LEMON TEST (SECULAR PURPOSE, NON-RELIGIOUS PRIMARY EFFECT, NO EXCESSIVE ENTANGLEMENT) FOR POSSIBLE ESTABLISHMENT CLAUSE VIOLATIONS, AND THE COMPELLING STATE INTEREST TEST IN FREE EXERCISE CAUSES. THE REPORT ALSO IDENTIFIES, IN LIGHT OF RECENT SUPREME COURT DECISIONS, WHICH OF THOSE STANDARDS IS LIKELY TO BE USED IN FUTURE CASES. ANALYSIS REVEALS THAT THE ESTABLISHMENT CLAUSE HAS BEEN RARELY USED BY INMATES IN THE PAST, BECAUSE MOST PRISONERS' SUITS CLAIM THE RIGHT TO ACT ACCORDING TO THE DICTATES OF A RELIGION. THE FREE EXERCISE CLAUSE, THEREFORE, HAS BEEN THE BASIS OF MOST SUITS. AMONG THE ACTIONS INMATES HAVE SOUGHT ARE TO CONSULT WITH A MINISTER, ASSEMBLE AND CONDUCT SERVICES, FOLLOW A SPECIAL DIET, REGULATE THEIR OWN APPEARANCE, AND REFUSE PSYCHIATRIC TREATMENT. IT IS SUGGESTED THAT STATES CAN ANTICIPATE FACING SUCH SUITS. (AUTHOR ABSTRACT) (SNI ABSTRACT)..ELW