toi_ama
08-09-2003, 07:09 PM
Protection of American Indian religious rights may have national implications
BY SHAWN WHITE WOLF - IR Staff Writer - 08/06/03
A recent out-of-court settlement between American Indian inmates and Montana State Prison officials that protects religious rights of American Indian inmates may have set an important precedent nationwide.
From a national perspective, the MSP is the first and only known corrections institution to have agreed to work in conjunction with American Indian inmates regarding religious practices, according to prisoner advocates.
Manuel Redwoman, Wayne Brown, Danny A. Arledge, and Bill Smock filed a complaint last November with the Montana Human Rights Bureau alleging that MSP policies discriminated against American Indian inmates in the areas of governmental services because of their religion.
The issue at stake was whether or not American Indian inmates were being protected by the First Amendment to be able to freely practice the religion of their choice.
"Nationwide corrections officials have historically claimed that American Indian ceremonies are a threat to the security of prisons," said Lenny Foster, director of the Navajo Nation Corrections Project in Arizona.
He noted that the political climate is not very good for American Indian religion, which is why agreements like the settlement in Montana are very important.
"Last year's two cases, Wayne Begay vs. New Mexico and Elton Bear Eagle Chavez vs. New Mexico, were lost because prison officials said that security of the institution is more important than American Indian religion," said Foster.
Court opinions state that a sweat lodge can be used as vehicle for escapes, he said, and the fire, hot rocks, shovels, and racks used in the ceremony can be used as weapons.
Despite the out-of-court settlement that is believed to be the first agreement in the nation that directly addresses religious issues of American Indian inmates, prison officials claim to have already taken a proactive approach prior to the complaint being filed.
Bill Slaughter, director of the Department of Corrections, reported last month that the prison had initiated policy reviews and changes within the prison system prior to the complaint being made last November.
Yet, even though corrections officials contend they were taking a proactive approach, the complaint was filed last November and led to an arranged agreement between the four American Indian inmates and MSP.
The settlement included revisions to the prison's religious policy statements and to equitably distribute religious resources for the benefit of all offenders and to protect the religious rights of inmates of all faiths. In addition, prison officials agreed to implement and enforce the terms of the settlement with the American Indian inmates within six months. That includes keeping the sweat lodge currently at MSP.
Foster said that while he is aware of current violations of religious rights of American Indian inmates in South Dakota, Arizona, Texas, Kansas, Minnesota, and California, "It's just not feasible to file a lawsuit and have a discussion in our favor," said Foster.
He noted that various law books point out that in general, even in prison, a prisoner has an absolute First Amendment right to his other religious beliefs.
He cited another case where the warden of the San Quentin Prison in California denied Darryl Young Elk Rich his last rite to request to use a sweat lodge because of security concerns. Young Elk was executed in March of 2000 at the San Quentin Prison.
Foster said that the warden felt that the American Indian spiritual leaders, while using their native languages, would conspire with Young Elk and free him.
Reporter Shawn White Wolf can be reached at 447-4028 or shawn.whitewolf@helenair.com.
BY SHAWN WHITE WOLF - IR Staff Writer - 08/06/03
A recent out-of-court settlement between American Indian inmates and Montana State Prison officials that protects religious rights of American Indian inmates may have set an important precedent nationwide.
From a national perspective, the MSP is the first and only known corrections institution to have agreed to work in conjunction with American Indian inmates regarding religious practices, according to prisoner advocates.
Manuel Redwoman, Wayne Brown, Danny A. Arledge, and Bill Smock filed a complaint last November with the Montana Human Rights Bureau alleging that MSP policies discriminated against American Indian inmates in the areas of governmental services because of their religion.
The issue at stake was whether or not American Indian inmates were being protected by the First Amendment to be able to freely practice the religion of their choice.
"Nationwide corrections officials have historically claimed that American Indian ceremonies are a threat to the security of prisons," said Lenny Foster, director of the Navajo Nation Corrections Project in Arizona.
He noted that the political climate is not very good for American Indian religion, which is why agreements like the settlement in Montana are very important.
"Last year's two cases, Wayne Begay vs. New Mexico and Elton Bear Eagle Chavez vs. New Mexico, were lost because prison officials said that security of the institution is more important than American Indian religion," said Foster.
Court opinions state that a sweat lodge can be used as vehicle for escapes, he said, and the fire, hot rocks, shovels, and racks used in the ceremony can be used as weapons.
Despite the out-of-court settlement that is believed to be the first agreement in the nation that directly addresses religious issues of American Indian inmates, prison officials claim to have already taken a proactive approach prior to the complaint being filed.
Bill Slaughter, director of the Department of Corrections, reported last month that the prison had initiated policy reviews and changes within the prison system prior to the complaint being made last November.
Yet, even though corrections officials contend they were taking a proactive approach, the complaint was filed last November and led to an arranged agreement between the four American Indian inmates and MSP.
The settlement included revisions to the prison's religious policy statements and to equitably distribute religious resources for the benefit of all offenders and to protect the religious rights of inmates of all faiths. In addition, prison officials agreed to implement and enforce the terms of the settlement with the American Indian inmates within six months. That includes keeping the sweat lodge currently at MSP.
Foster said that while he is aware of current violations of religious rights of American Indian inmates in South Dakota, Arizona, Texas, Kansas, Minnesota, and California, "It's just not feasible to file a lawsuit and have a discussion in our favor," said Foster.
He noted that various law books point out that in general, even in prison, a prisoner has an absolute First Amendment right to his other religious beliefs.
He cited another case where the warden of the San Quentin Prison in California denied Darryl Young Elk Rich his last rite to request to use a sweat lodge because of security concerns. Young Elk was executed in March of 2000 at the San Quentin Prison.
Foster said that the warden felt that the American Indian spiritual leaders, while using their native languages, would conspire with Young Elk and free him.
Reporter Shawn White Wolf can be reached at 447-4028 or shawn.whitewolf@helenair.com.