Our Rights: Religious Land Use and Institutionalized Persons Act By Rashid Junaid, Prisonersolidarity.org June 31, 2006 In the year 2000 Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA), which states that: “No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution” unless the burden furthers “a compelling governmental interest” and does so “by the least restrictive means.” If an institution does not receive federal funds they are not obligated to follow RLUIPA standards (because Congress uses its Spending and Commerce Clause powers to make this Act law). Most if not all state prison systems and institutions receive federal money for some portion of their operations and are therefore obligated to follow RLUIPA standards. In a recent unanimous decision the U.S. Supreme Court unanimously upheld RLUIPA in Cutter v. Wilkerson, 2005 U.S. Lexis 346, 73 U.S.4347. This particular case addresses the constitutionality of the RLUIPA itself. However, the opinion written by Justice Ruth Bader Ginsburg provides guidance for those prisoners seeking greater exercise of religious freedom within institutions, especially Muslims. Justice Ginsburg’s report upheld the use of halal (lawful for Muslim consumption) foods, possession of the Qur’an, prayer oils, and pork substitutes in the context of Congress’s legislative intent to enact the RLUIPA, for the purpose of unburdening the practice of religion in prisons. Does this mean that Muslim prisoners should start filing lawsuits following every perceived restriction to their religious practice? The answer is “no.” Muslim prisoners should be cautious about filing lawsuits, due to the ramifications of such actions. If you file a lawsuit and don’t properly present your claims in court, you could further justify restrictions placed upon Muslim prisoners. Muslims also need to prioritize their concerns. In order of importance, these should be: 1) the right to conduct and/or attend Jumu’ah (the weekly Friday service), 2) the right to have a Muslim chaplain, 3) the right to have a halal food diet, 4) the right to receive donated religious materials, 5) the right to wear kufis (Islamic headgear), 6) the right to conduct fundraisers, 7) the right to have adequate accommodations during Ramadan (the ninth month of the Islamic calendar when Muslims observe fasts), and 8) the right to have Islamic name changes recognized. The Muslim Prisoner Ministry has put together a list of Muslim prisoners’ rights that include cases to support their claims. Send a SASE for a copy of the Muslim Prisoners’ Rights Information Guide to: The Muslim Prisoner Ministry 3936 South Benton Kansas City, Misouri 64130 To receive a copy of the Cutter v. Wilkerson opinion piece, write to the U.S. Supreme Court at the below address: William K. Suter, Clerk United States Supreme Court 1 First Street, NE United States Courthouse Washington, D.C. 20543 — Rashid Junaid is a Muslim prisoner who is deeply engaged in his endeavor to raise the consciousness of his fellowmen, especially the youths, to a higher level. Rashid is a former member of the CRIPS and has helped to develop programs to steer youths away from gang violence to positive action. He is the Imam (prayer and spiritual leader) of the Muslim community at Potosi Correctional Center in Mineral Point, Missouri, and has filed various litigations against the Missouri Department of Corrections to establish Islamic rights for the Muslim communities in the state of Missouri. He is also the editor of the Muslim Prisoner Bulletin, a publication designed to bring attention to the concerns of Muslim prisoners incarcerated throughout the U.S. He can be reached by writing to: Rashid Junaid, # 191386 Potosi Correctional Center 11593 State Hwy. O Mineral Point, MO 63660 When writing to Rashid, please send him a pre-embossed stamped envelope so he can promptly answer your letter. He is not permitted adhesive stamps, that is, regular stamps. The following link offers tips for writing to prisoners: https://www.prisonerlife.com/tips.cfm |