B. Your Right to Practice Your Religion
Library | The Jailhouse Lawyer's Handbook (CCR) (2021 Ed.) |
B. Your Right to Practice Your Religion
√ The Basics: You have the right to practice your religion if it doesn't interfere with prison security. |
Your freedom of religion is protected by the First and Fourteenth Amendments of the U.S. Constitution and by several federal statutes. There are five ways you can challenge a restriction on your religious freedom: the Free Exercise Clause and the Establishment Clause of the First Amendment, the Fourteenth Amendment, the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA). They are each discussed below.
1. Free Exercise Clause
√ The Rule: Your Freedom to practice your religion under the free exercise clause can be limited based on the Turner Standard (described in Section A). |
The first way to challenge violations of your right to religious activity is through the Free Exercise Clause of the First Amendment. The First Amendment to the United States Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
The second half of that sentence is known as the Free Exercise Clause, and it protects your right to practice your religion.
To make a free exercise claim you must be able to show the court that your belief is both religious and sincere. Different courts have different definitions of "religion," but they generally agree that your beliefs do not have to be associated with a traditional or even an established religion to be "religious." Africa v. Commonwealth of Pennsylvania, 662 F.2d 1025 (3d Cir. 1981); Love v. Reed, 216 F.3d 682 (8th Cir. 2000). It is important to understand how "religion" is defined in your District or Circuit court before bringing your case.
Courts judge your religious "sincerity" by looking at how well you know the teachings of your religion and how closely you follow your religion's rules. However, you don't have to follow every single rule of your religion. And your belief doesn't have to be the same as everyone else's in your religion. LaFevers v. Saffle, 936 F.2d 1117 (10th Cir. 1991). Courts will usually listen to what a prison chaplain or clergyperson says about your religious sincerity. Montano v. Hedgepeth, 120 F.3d 844 (8th Cir. 1997).
If a court determines that your belief is both religious and sincere, it will next apply the Turner test. This means that the court will balance your constitutional right to practice your religion against the prison's interests in order, security, and efficiency. Prison officials cannot prohibit you from practicing your religion without a reason. To win, you will have to show that a restriction is not "reasonably related to a penological interest," under the Turner test described in Section A. Courts often follow the decisions of prison officials, but any restriction on the free exercise of religion is still required to meet the four-part Turner test before it will be upheld. In O'Lone v. Estate of Shabazz, 482 U.S. 342 (1987), the Court applied the Turner test, and allowed a prison to limit worship services to specific days because prisoners were still offered other means of practicing their religion.
2. Establishment Clause
The first half of the First Amendment sentence quoted above is called the Establishment Clause, and it means that the government can't encourage people to be religious or choose one religion over another. Different Circuit Courts currently rely on two different legal tests in deciding whether a prison action or rule that endorses or supports a particular religion violates the constitution.
√ Test #1: The prison rule or practice is OK if it is designed for a purpose that is not religious, does not have the main effect of advancing or setting back any religion and does not encourage excessive government entanglement with religion. OR √ Test #2: ... |
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