Federal law and the First Amendment require that even in prison, the custodians do not get to dictate what is an accepted religion and how it should be practiced,” an attorney for the plaintiffs said in a statement.
The American Civil Liberties Union of Rhode Island has filed a lawsuit against the state Department of Corrections, claiming that it refused to let indigenous inmates at the Adult Correctional Institutions wear Native American religious attire.
According to The Providence Journal, the lawsuit was filed late last week by the ACLU of Rhode Island and the Roger William University School of Law Prisoners’ Rights Clinic on behalf of three Native prisoners.
In the lawsuit, attorneys claim that the inmates haven’t been permitted to engage in religious practices such as communal prayer services. It also asserts that the Department of Corrections has refused to provide other religious accommodations, including access to Native spiritual leaders and the ability to purchase or otherwise obtain traditional indigenous items.
The lawsuit notes that, while other states have instituted policies to accommodate Native prisoners, Rhode Island has yet to implement similar policies.
“[The DOC] has created no opportunities for Native American prisoners to receive spiritual guidance from a Native American elder,” attorneys Jared Goldstein and Lynette Labinger wrote in court documents. “It does not allow incarcerated people to participate in any Native American religious ceremonies. It does not allow Native American prisoners to obtain Native American religious items.”
“This is not a new problem,” they said. “For years, Native American prisoners have complained about the absence of any religious accommodations at the [Adult Correctional Institutions], but RIDOC has ignored those concerns.”
The lawsuit claims that the Department of Corrections violated provisions of the Religious Land Use and Institutionalized Persons Act, a federal law prohibiting states form interfering with inmates’ exercise of religious freedom unless there is a compelling reason to do so.
“We call on the Department of Corrections to fulfill their obligation to accommodate the religious needs of Native Americans imprisoned at the ACI, who for years have been denied all opportunities to observe their religious traditions,” Goldestein said.
Goldenstein stressed that there is nothing unusual about his plaintiffs’ request.
“They need to adopt a comprehensive program for accommodating the religious practices of Native Americans incarcerated at the ACI,” he said. “It’s not unusual and it’s required by law.”
Laibinger said that the state’s failure to create such programs likely constitutes a violation of both federal law and the First Amendment.
“We have brought suit once again to ensure that incarcerated persons who follow religious traditions of Native Americans are able to practice their religion behind bars and that their efforts to do so are not ignored or disrespected. Federal law and the First Amendment require that even in prison, the custodians do not get to dictate what is an accepted religion and how it should be practiced,” Labinger said.
Sources
Inmates sue prison over Native American religious rights
Lawsuit alleges ACI is denying Native American inmates right to practice their religion
Lawsuit claims R.I. prison officials still denying Native American religious practices
