Supreme Court hears arguments over prisoner’s rights
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Contact: Jeff Huett | Phone: 202-544-4226 | Cell: 202-680-4127 / Cherilyn Crowe | Phone: 202-544-4226 | Cell: 202-603-1663
November 2, 2010
WASHINGTON – Prisoners have a right to the free exercise of religion and may seek damages against the state under federal law when their rights are violated, according to a brief filed by the Baptist Joint Committee and other groups in a case heard today by the U.S. Supreme Court.
The High Court heard oral arguments in Sossamon v. Texas, a case involving the claim of a prisoner, Harvey Leroy Sossamon, who was denied participation in worship services and access to a room with symbols and furnishings that have a special significance to his Christian religion.
Sossamon challenged the prison’s restrictions under the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. That federal law was designed to protect the religious freedom of prisoners and other persons in government custody, as well as protect religious freedom in the context of zoning and landmark laws. The Baptist Joint Committee championed RLUIPA, leading a coalition that worked for its passage.
The 5th U.S. Circuit Court of Appeals rejected Sossamon’s claim, holding that RLUIPA did not allow monetary compensation from the state. The U.S. Supreme Court case is reviewing that issue.
According to the brief, “The availability of monetary relief was and remains a critical component of [RLUIPA].” While RLUIPA allows prisoners to seek other forms of relief, such as a court order to correct the prison policy, “non-monetary remedies are woefully inadequate on their own to safeguard prisoners’ rights.”
The brief says Sossamon’s experience is “hardly unique,” and lists cases in which prisoners were denied relief because the state moved the prisoner to another facility or otherwise avoided correcting the policy that burdens religion. According to the brief, the lack of compensation for the violation reduces the religious freedom of prisoners “to an indulgence, not a right.”
BJC General Counsel K. Hollyn Hollman says that awarding monetary damages is a way to make sure RLUIPA protects the free exercise of religion.
“RLUIPA was designed to protect institutionalized individuals’ right to worship,” said Hollman. “The state should provide religious accommodation to prisoners if there is no contrary compelling governmental interest at stake. Without the ability to award damages, the statute’s effectiveness is diminished.”
Eight organizations signed the brief, including the American Civil Liberties Union, Americans United for Separation of Church and State, American Jewish Committee and The Interfaith Alliance Foundation.
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The Baptist Joint Committee is a nearly 75-year-old, Washington, D.C.-based religious liberty organization that works to defend and extend God-given religious liberty for all, bringing a uniquely Baptist witness to the principle that religion must be freely exercised, neither advanced nor inhibited by government.
