Judge Rules Christian Prison Program Unconstitutional; (Prison Fellowship: founder Chuck Colson)

Agape Press ^ | 5 Jun 06 | Jody Brown

[xzins]

Judge Rules Christian Prison Program Unconstitutional; Appeal Planned

"The courts took God our of America's schools -- now they are on the path to take God out of America's prisons." -- Mark Earley, Prison Fellowship President

By Jody Brown June 5, 2006

(AgapePress) - Evidently it matters not that a well-known and highly successful prison ministry believes one of its premier programs is constitutional and well within the guidelines of the First Amendment, or that statistics bear out the effectiveness of the program. A federal judge has ruled the program is unconstitutional -- and now the program that equips prisoners to successfully re-enter society is in jeopardy.

A federal judge has ruled that an Iowa prison program that involves inmates immersing themselves in evangelical Christianity is unconstitutional and must be shut down. Associated Press reports that Judge Robert Pratt, in a ruling expected to have national implications, said Prison Fellowship's InnerChange Freedom Initiative amounts to a government establishment of religion.

Pratt ruled that the Iowa Department of Corrections must close the program within 60 days and that $1.5 million in contract payments must be returned to state officials, but he suspended those orders while an appeal is pending.

Prison Fellowship, which sponsors similar programs in Texas, Minnesota, Kansas and Arkansas, argued that the Iowa program is voluntary and has secular benefits. The ministry claims the program has produced "dramatic results" in the lives of hardened criminals and has been effective in stopping what it describes as "the revolving door of crime."

Mark Earley If Judge Pratt's ruling is allowed to stand, says Prison Fellowship president Mark Earley, it will "enshrine" religious discrimination. The ruling, he states, "has attacked the right of people of faith to operate on a level playing field in the public arena and to provide services to those who volunteered to receive them."

In addition, observes Earley, the federal judge's decision fosters what the ministry leader describes as a "lock 'em up and throw away the key" approach to fighting crime.

"It assumes by warehousing criminals and providing no services to help them change, that society will be safer when they get out," he says. "Nothing could be further from the truth." Prison Fellowship says it plans to appeal the ruling to the Eighth U.S. Circuit Court of Appeals, and that it believes the case will eventually make its way to the U.S. Supreme Court.

It was more than three years ago -- February 2003 -- that the group Americans United for Separation of Church and State filed a lawsuit against the InnerChange Freedom Initiative in Iowa, alleging that it represented an excessive entanglement between state and religion.

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to those who volunteered to receive them."


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What would happen if prisons were run by private institutions and prisoners could choose the prison they wanted to attend?

I would expect that prisoners would choose those prison that would guarantee the highest level of physical and emotional safety. Perhaps many would choose to attend prisons run by Chuck Colson's fellowship.

What a great benefit this would be to the prisoners and to society as well.

[ModerateGOOPer]

I'm not sure the military chaplaincy argument holds up when compared to prisons. Prisons and prisoners are far more accessible than are soldiers, particularly if they are on duty in a hostile area.

On the other hand, any citizen can at any time get permission to visit any prisoner with that prisoner's consent (if the prisoner is in good behavior).

In short, the chaplains in the military were a rough solution to very extreme circumstances. However, there do not seem to be such extreme circumstances here, and as others have noted, there are a wide variety of churches who offer such services without using taxpayer money.

[wintertime]

But it's OK to allow practitioners of the "Indian" religions to have sweat lodges on prison property. I wouldn't be surprised if they let them use peyote as well. A double standard?
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And don't forget the Muslim recruiters.

[P-Marlowe]

I'm still kind of confused. Apparently this program received 1.5 million in taxpayer money. I think the problem may be in the receipt of the government funds rather than the program itself. I'm curious as to what the taxpayer funds were designated to be used for and whether other religious organizations or even non-religious organizations were given equal access.

I do not believe there is any way that the government can, at this point, require that prison fellowship return the 1.5 million since Prison Fellowship did not violate the law. If the law was violated at all it was violated by the State of Iowa. If, in fact, the judge ordered Prison Fellowship to return the 1.5 million then I would have to assume that the rest of the opinion is equally flawed.

[xzins]

I believe the money was for the programs that resulted in the positive change results.

I'm sure, though, that the programs are themselves religious in nature. However, they are programs that are otherwise available to every other American who desires to participate in life change seminars, counseling, etc.

That makes it part of FULL religious practice.

I suspect that no one else is offering it for free if it costs so much.

Having your pastor visit the prison is not the same as running a successful, resourced change program.

I could make a case...but I do agree with you that one has to stretch to apply the military situation to the prison population. A smart lawyer could do it, however.

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extraordianary separation from normal society,

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Hm,,,,isn't forcing children into government schools, and forcing them to associate only with groups of people all their age,,,,,isn't this "extraordinary separation from normal society"?

I don't want to derail this thread to the topic of education so if any one comments, I will not respond.

[xzins]

See #'s 20 & 25

I agree that if the gov't gave Prison Fellowship the money to spend that PF didn't violate anything

[xzins]

Extraordinary separation would be hard to argue since the kids return home each day.

[Revel]

Time to bounce this one up the USSC. It would be a good chance to see who the new justices really are. These judges are destroying America. You can bet that more hearts are changed under this program than ever will be under the ordinary prision system.

[A. Pole]

What if a state decided to use millions of dollars in taxpayer money to fund a program that preached fundamentalist Islam to prisoners?

Don't worry. Once there will be enough many Muslims they will get state funding all right.

You see, this is about Separation of CHURCH and State. Nothing said about the Mosque.

[BooksForTheRight.com]

So is this court going to outlaw another philosophy masquerading as a religion that actively promotes the murder of innocents?
I doubt it, because that philosophy has attained "politically correct" status.

[eleni121]

All funded by Saudi (our) Money.

[Doe Eyes]

Would anyone have a problem if we were paying $1.5 million in contract payments to Louis Farrakhan and his Nation of Islam?

[xzins]

I agree that it should go up to the USSC.

It seems to me that it flies in the face, too, of the Justice Dept's decision that Pres. Bush's faith-based program is legal.

Or maybe they should just apply for Faith-based funding, and everyone can go home happy.

[xzins]

If you mean BESIDES you, me, and a bunch of freepers....well, you wouldn't hear the liberal press yelling about it

NPR would probably run an article on it saying it's just short of the return of the Mahdi.

[popdonnelly]

This is judicial BS. Black Muslims can recruit in prisons, but not Christians? Enough is enough. Impeach the judge.

[xzins]

What was it that Levin called judges: "Black-robed oligarchs" (or something like that)

[Txsleuth]

Didn't the ACLU either sue, or threaten to, if Muslims weren't allowed to have their imams and rugs and time to pray, etc, while in prison?

I think this was in New York...but, I could be wrong..

[little jeremiah]

Can you believe this? Prisoners can get tax funded hormones for sex changes, but Christians aren't allowed in prisons?

It's a screaming nosedive.

[gedeon3]

You are becoming very annoying with your two-faced, double talk. I can see right trough you.

ModerateGOper= Rino = traitor