New Vermont DOC Religious Regulations May Violate ConstitutionAug 23, 2007 Prisoners in Vermont may soon be facing a whole new set of tough restrictions on their religious exercise. The Vermont Department of Corrections has proposed Directive 380.01, which would impose lengthy new regulations on religious practices. Today, the Becket Fund for Religious Liberty warned Vermont that these proposed regulations may violate the Constitutional rights of inmates. The Becket Fund detailed its concerns in a letter to the Vermont DOC, explaining why the proposed regulations raise concerns under federal statutes and the First Amendment.
“These new regulations are incredibly stringent, and in some cases ominous, such as the mandatory registration of an inmate’s religious identity,” said Lori Windham, Legal Counsel at the Becket Fund. “These men and women have guaranteed constitutional rights, and we want to make sure that the Vermont DOC is aware of those rights, because ignoring them could lead to damaging lawsuits.”
In addition to mandatory registration, the regulations deny inmates the right to lead religious services--even if they are ordained clergy--and prohibit inmates from "demonstrative prayer" and prayer with others. The regulations also force inmates to wait for up to a year to change their religious affiliation, and prohibit them from attending interfaith religious services without applying for a permit first.
The Becket Fund has sued prison systems in other states, including Florida and Georgia, to achieve settlements guaranteeing free exercise rights to prisoners, and is currently involved in a lawsuit in Texas, where they represent a prisoner who brought claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Free Exercise Clause of the First Amendment. Associated Press coverage of our efforts can be read by clicking this link.
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