Judge says religious rights extend to prisoners in private facilities

August 23, 2006

(RNS) A federal judge in Mississippi extended the right to free religious worship behind bars to prisoners housed in private facilities last week (August 16).

U.S. District Judge Michael Mills ruled that the Religious Land Use and Institutionalized Persons Act, or RLUIPA, applies to private prisons operating under state contracts, as long as the states receive some of their prison funding from the federal government.

The Corrections Corporation of America, the defendant in the case, is the largest private prison company in the nation, overseeing 63 institutions with about 69,000 beds.

The defendant, a Hawaiian imprisoned in one of CCA's facilities in Mississippi, argued that his First Amendment rights had been violated because the prison would not serve him food that conformed to his religious beliefs. Mills ruled that the prison is obligated to accommodate his request if Hawaii -- where he was convicted -- receives federal funding for prisons, an issue that has not yet been settled.

In mid-2005, nearly 7 percent of all prisoners in the United States, or more than 101,000 inmates, were in private facilities.

Under RLUIPA, the government may not restrict the religious practices of prisoners unless those practices conflict with a government interest, such as the safety of other inmates. The law was passed by Congress in 2000 and validated by a Supreme Court ruling in 2005.

In his ruling, Mills said because private prisons operate under the purview of states, they are essentially part of the state government. Even if the prisons do not receive direct federal funding, they must comply with the religious practices law as long as the state paying for an inmate's cell gets money from the government.

-- Peter Sachs