Written by Don Byrd
In oral arguments today, the West Virginia Supreme Court heard the appeal of Charles Elder, a man convicted of horrible sexual abuse crimes against minors who because of his deteriorating health was sentenced to home confinement instead of prison. He wants to go to church. And not just any church but the Weston Church of God, about a 45 minute drive away.
The trial court ruled that Elder could not attend this church, noting Elder was not attending when he was sentenced and he was not attending church on a regular basis.
Court documents also state that the trial court also denied his request because “petitioner had been adjudicated for crimes against children and that there were children in the church.
However, [Laura] Young, [the attorney for the home confinement officer,] argued in her brief that the court wasn’t limiting his constitutional right.
“Nothing in the orders denying the petitioner’s writ prohibits members of the church in question from visiting with the petitioner in his home, praying with him, reading the Bible with him or even holding an organized religious service,” the brief states. “What the judge is disallowing is the petitioner being permitted from leaving his home three times a week, for two hours at a time, and another hour and a half of travel time for each service to attend church services, when the petitioner himself stated that he did not attend church prior to his home incarceration.”
Elder clearly has the right to practice religion, but does this right include the right to attend church? A particular church?
