May 31, 2005

The Right Decision

I can't believe it was unanimous.

The law "does not elevate accommodation of religious observances over an institution's need to maintain order and safety," Justice Ruth Bader Ginsburg said from the bench in announcing the decision.

Ginsburg said judges who handle inmate cases should give deference to prison administrators.

So what we have here is a vindication of the ability of prisoners to worship freely, provided that doing so does not undermine prison security. Hardly an outrageous proposition -- especially since we give such accommodations to the terrositst ad Gitmo.

|| Greg, 08:59 PM || Permalink || Comments (4) || Comments

Comments on The Right Decision


A person should not be prevented from practicing their religion just because they're incarcerated. As far as I know, the vast majority of religions oppose most things that will get you imprisoned, and as such, the practice thereof would help rehabilitation.


|| Posted by Subjugator, June 1, 2005 03:26 PM ||

"The Supreme Court sided with a witch, a Satanist and a racial separatist Tuesday, upholding a federal law requiring state prisons to accommodate the religious affiliations of inmates."

I have a problem with "wikkins" and "satanists" being regarded as a religious affiliation. At best, it is a sub-culture. And how is "racial separatism" a religious affiliation?

This ruling works against "good order and discipline" in the prison system, and if anyone thinks that religion plays a role in rehabilitation, then explain the good that Islam is doing among the prison population. So when one gang member kills another inside the prison system, it can be explained away as simply "Jihad?"

How about this: people go to jail to be punished. We can focus on rehab after that.

|| Posted by Mustang, June 1, 2005 10:34 PM ||

And I'm going tohave to disagree with you.

Like it or not, Wicca is every bit as legitimate a form of religious expression under the First Amendment as Christianity is. I disagree with that faith, but I recognize that findamental bit of constitutional wisdom. Unless there is a threat to good order and discipline/safety in the prison, there is no reason for denying its practitioners worship time/space/material to follow it.

Islam falls generally into the same category, though the Nation of Islam and Moorish Science (which are no more part of orthodox Islam than Mormonism and Christian Identity are part of historic Christianity) do have spepartist components that are troubling. But again, the same standard has to apply, though if the prison discovers that Islamic worship is being used for "something else" (as you seem to imply), then appropriate action can be taken to deal with that.

The white supremacists in this case are members of a neo-pagan religion that has a Nazi-like ideology -- sort of like what Hitler and his folks were developing as they sought to undermine Christianity. Again, the same issues exist and the same rules have to apply.

The only other option is to forbid ALL religious activity in prisons -- including Christianity -- despite the demonstrated benefits of religious influences.

|| Posted by Rhymes With Right, June 2, 2005 07:52 AM ||

Got to agree with RWR here. Just because I think their religion is something chosen to sound cool or to help denigrate a people and for nothing else doesn't mean I can invalidate it on that basis. Bigots are stupid, but if they want to make a religion out of it (so long as they do not invade on the rights of another), they may do as they wish...including hate.


|| Posted by Subjugator, June 2, 2005 04:14 PM ||
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