Question

Initial Question: Please explain your thoughts on Muslim inmates, or any other inmates, who are not allowed to return inside the prison religious services. Do you feel that this is a violation of the inmate’s First Amendment rights? Why or why not?

Answer 1

The first amendment to the constitution of the United States says the government cannot make laws that will regulate the establishment of religion, will prohibit freely exercising one's religion, restrict freedom of speech, freedom of the press, right to peacefully assemble, and the right to petition.

According to me preventing Muslim inmates, or any other inmates by not allowing them to return inside the prison for their religious services is not violating the inmates first amendment rights. This is because the prison rules would be to ensure movement of the inmates in and out of the prison with maximum security and with minimum danger. The inmates are serving a term for a particular crime or for going against the law. The prison is obliged to maintain order and security which is above the need to accommodate the religious practices of the inmates. The prison could allow the prisoners to follow their religious practice if it was secure and in the prison premises itself. The prison to have certain rules and policies to ensure the safety and security of the inmates. Moving the prisoners back and forth for religious practices would compromise the prison policy and might create security issues.

The “religious land use and institutionalized persons act” of 2003 discusses the free exercise rights of institutionalized persons which includes prison inmates. It gives prisoners greater statutory protection for their religious liberty rights. But It states that the accommodation of religious practices will not be over and above the institutions need to maintain order and security. It states that religious practices will be allowed based on “strict scrutiny test”. So greater weightage is given to prison administrator's interests.

To conclude it is important to adhere to the discipline of the prison. In case it is reasonable for the prison administration to accommodate the religious practice without compromising on their security issues then it should be allowed. In this case, taking inmates back to prison to exercise their religious practice would compromise the inmates' and prison's security. Hence it should not be allowed.