On The Front Lines

Rutherford Institute Defends Ohio Inmate’s Right to Access Bible, Religious Texts & Have Christian Separatist Beliefs Recognized

COLUMBUS, Ohio—The Rutherford Institute has come to the defense of a prison inmate in Ohio who, because prison officials allegedly refuse to recognize Christian Separatism as an authorized religion, was denied access to the Bible of his choice and other religious texts. Inmate James Carr contacted The Rutherford Institute after officials at London Correctional Institute (LCI) delayed or refused delivery of religious publications Carr had ordered by mail, allegedly because officials feared the texts were too controversial. In a letter to the Director of the Ohio Department of Rehabilitation and Correction (ODRC), Institute attorneys point out that LCI's actions constitute a violation of Carr's right to religious freedom, as well as the Religious Land Use and Institutionalized Persons Act (RLUIPA), which forbids prison authorities from imposing a "substantial burden" on a prisoner's religious exercise unless the burden is necessary to further a "compelling governmental interest" and is done by way of "the least restrictive means possible."

The Rutherford Institute's letter to the ODRC's Director on behalf of prison inmate James Carr is available here.

"As the United States Supreme Court has noted, 'Prison walls do not form a barrier separating prison inmates from the protections of the Constitution,'" said John W. Whitehead, president of The Rutherford Institute. "Barring any substantial burden on the penal system, James Carr, like any other follower of a particular religion, has the right to have his religious beliefs recognized and accommodated. It is our hope that the Ohio Department of Corrections will abide by the protections afforded prisoners under RLUIPA."

In June 2009, James Carr ordered an Anointed Standard Translation (AST) of the Bible, the preferred translation for Christian Separatists (CS). However, officials at the London Correctional Institute would not allow the Bible to be delivered, allegedly out of a concern that it might be gang-related or might cause physical violence. Carr was also refused CS texts that had previously been approved for delivery to other inmates.

Carr made formal complaints, and his Bible was finally delivered after being withheld from him for five months. In the meantime, Carr was allegedly strip-searched in a check for gang tattoos (he has none), and issued a Security Threat Group notice, a serious demerit on his record, allegedly because of his complaints about burdens placed on his ability to exercise his religion.

In weighing in on the issue, attorneys for The Rutherford Institute warn that, if true, the prison's actions constitute "substantial and coercive pressure" on Carr to change his faith. The Institute's letter to the Director of the Ohio Department of Rehabilitation and Correction (ODRC) argues that incidents such as these pose a threat to Carr's constitutional right to freely exercise his religion.

Pointing out that even neo-pagan religious groups are formally recognized and that departments of corrections in other states, such as Colorado, have recognized CS as a religion and afforded it equal rights, Institute attorneys have asked that the ODRC follow suit and give Carr and other CS members the equal protection of having Christian Separatism formally recognized as an authorized religious group.