http://www.newsday.com/news/nationworld/wire/sns-ap-prison-religion,0,236323,print.story?coll=sns-ap-nationworld-headlines

Prison Religious Rights Law Ruled Illegal
By JOHN NOLAN November 7, 2003, 5:08 PM EST

CINCINNATI -- A federal appeals court Friday declared
unconstitutional a 3-year-old U.S. law that gives
inmates the right to gather for worship and follow
religious dietary practices.

The law, the Religious Land Use and Institutionalized
Persons Act, prohibits governments from limiting the
religious freedom of people in prisons and other
federally funded institutions unless there is a
compelling reason.

The 6th U.S. Circuit Court of Appeals said the law
violates the separation of church and state because it
has "the primary effect of advancing religion."

In seeking to have the law thrown out, Ohio prison
officials said they were worried that inmates were
using the law as a guise for gang meetings.

The ruling applies only to Ohio, Michigan, Kentucky
and Tennessee. Five other federal appeals courts
around the country have found the law to be
constitutional.

David Goldberger, who is representing 156 Ohio
prisoners in the case, said he may appeal. "We think
that it's a mistaken reading of the Establishment
Clause of the First Amendment," he said.

The ruling does not affect a part of the law that
gives religious organizations a measure of protection
against zoning regulations.

An appeals court in California previously upheld the
law, ruling in favor of Muslim inmates who claimed
they were penalized for attending Friday afternoon
religious services.

Copyright © 2003, The Associated
Press

Blue Violet-What a blow to all prisoners every where on their religious freedom.While the government seeks to seperate itself from all church affiliations it forgets that our constitution guarantees religious freedom to all.Just because one is incarcerated does not mean they lose the right to that.They may decide this based on seperation of church and state but it will ultimately be challenged in the courts-probably by class action lawsuits and at a cost to the public.Doesn't it make make you wonder where they come up with these brilliant ideas?

wabbit

I can tell you where they came up with the idea of using the excuse that meeting were a security risk and that it was gang related. This would come from Anthony Delgado.. the head of Security at the DOC in Ohio. He started as a guard, then became a Captian in the security divison at Orient, now he resides in the Main Office as the Head of Security. and will stop at nothing to bring an STG charge to it's climax. He took a dislike to ONE indian prisoner and set out to destroy him and all indians credibility in prison. It doesn't matter how dirty he has to play to reach his goal but he will stop indians if he can. He will use any excuse to bring a prisoner to ruin and has done some severe damage to those inside. He has to be stopped and the rest have to be made to see that he is wrong. I fought him and won small victory but he is still determined to see his goal reached. Beware of how you deal with him for he will stoop to any level to do harm. He is an evil man and has entirely too much power.
The denial of meetings can be done by saying that there has to be an outside Advisor present for them to come together. There aren't enough Advisors that know how to fight for their rights and they must do any ceremonies alone and if a smudge fire is used it must be outside.
Another point that has to be covered is for one of the circle to go to the warden and ask for their group to be "Authorized" as a group. Without that any two indian prisoners caught talking will be placed in the hole on an STG (Security Threat Group) UGA (Unauthorized Group Activity) or other simalar charge. They can keep them thus for six monthes doing 30 day intervals. Then If/When found guilty will be moved to a higher security level and transfered. I saw him try to raise the SL of a prisoner from a low 2 to a 4B and put him in Lucasville. We stopped it when we reminded him that he could only get one level at a time so the prisoner had to be made a level 3. Still transfered but not to Luke. Ohio needs a severe shaking up and I tried. My health forced me to leave but there are still a lot of good activists there. They really have their work cut out for them.

ndn