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Protecting Religious Exercise in MA Prison System
On November 16, 2005, The Becket Fund for Religious Liberty filed an amicus (friend of the court) brief before the Supreme Court of Massachusetts to help protect religious freedom for inmates by supporting the application of strict scrutiny to religious exercise claims. The Becket Fund, a nonpartisan, interfaith, public interest law firm dedicated to protecting the free expression of all religious traditions, filed the brief in the case of Rasheed v. Maloney (No. SJC-09617).
The Becket Fund brief argues in support of Rasheed and his contention that Massachusetts’ Declaration of Rights requires the application of “strict scrutiny” to government-imposed burdens on religious exercise in the prison context. Specifically, strict scrutiny prohibits “substantial burdens” on religious exercise unless such burdens are the “least restrictive means” of achieving a “compelling government interest.” In this regard, the brief argues that strict scrutiny does not bar prison officials from regulating activity that would jeopardize health, safety, or security interests, does not lead to a flood of lawsuits, and enables Massachusetts to accomplish its goal of rehabilitating inmates.
“There is little support for the cynical view that prisoners only resort to religion to secure special consideration or attention from authorities,” said Jared N. Leland, Spokesman & Legal Counsel for The Becket Fund. “Religion is often the root of rehabilitation, and thus religious exercise in the state prison system must be protected absent compelling health, safety, or security concerns.”
The Becket Fund works to achieve an equitable balance between the compelling need of correctional institutions to maintain the security of their facilities, and the fundamental human right to religious exercise enjoyed by every human person.
Resources & Documents
- November 16, 2005 Amicus Brief (PDF, 4KB)