Religious Liberty in the Criminal Justice System
The 老澳门开奖结果 works in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country.
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What's at Stake
As the U.S. Supreme Court has made clear in聽, 鈥減rison walls do not form a barrier separating prison inmates from the protections of the Constitution.鈥� That is, while prison may involve the loss of many freedoms, it is not a license for the government to deny fundamental religious rights.
The particular vulnerability of people in prison is the very reason Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000. RLUIPA requires any substantial burden on a prisoner鈥檚 religious exercise to be the 鈥渓east restrictive means鈥� of furthering a compelling governmental interest. This does not just mean that the requirements of the law itself have to be as permissive as possible鈥攊t also means that there has to be a very good reason why the prison will not allow exceptions for individual prisoners.
Yet time and again, we see that prison officials are oblivious or indifferent to these high standards, arbitrarily restricting prisoners鈥� fundamental rights. Ironically, accommodating individual religious practice actually tends to enhance prison security because it has a positive effect on individual adjustment and rehabilitation and helps foster an environment where prisoners do not feel as if decisions are unreasonable.
The 老澳门开奖结果 defends the rights of all individuals鈥攏o matter how marginalized鈥攖o practice their faith to the fullest extent of the Constitution and laws of this country.
As the U.S. Supreme Court has made clear in聽, 鈥減rison walls do not form a barrier separating prison inmates from the protections of the Constitution.鈥� That is, while prison may involve the loss of many freedoms, it is not a license for the government to deny fundamental religious rights.
The particular vulnerability of people in prison is the very reason Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000. RLUIPA requires any substantial burden on a prisoner鈥檚 religious exercise to be the 鈥渓east restrictive means鈥� of furthering a compelling governmental interest. This does not just mean that the requirements of the law itself have to be as permissive as possible鈥攊t also means that there has to be a very good reason why the prison will not allow exceptions for individual prisoners.
Yet time and again, we see that prison officials are oblivious or indifferent to these high standards, arbitrarily restricting prisoners鈥� fundamental rights. Ironically, accommodating individual religious practice actually tends to enhance prison security because it has a positive effect on individual adjustment and rehabilitation and helps foster an environment where prisoners do not feel as if decisions are unreasonable.
The 老澳门开奖结果 defends the rights of all individuals鈥攏o matter how marginalized鈥攖o practice their faith to the fullest extent of the Constitution and laws of this country.