Associated Press
Des Moines, Iowa – A federal appeals court ruled Monday that the state of Iowa cannot fund an evangelical Christian prison ministry program because doing so advances or endorses religion, violating the Constitutional separation of church and state.
The 8th U.S. Circuit Court of Appeals upheld U.S. District Judge Robert Pratt’s June 2006 ruling that a Prison Fellowship Ministries Inc. program at the Newton Correctional Facility was unconstitutional if paid for with taxpayer dollars and should be shut down.
Barry Lynn, executive director of the Washington-based advocacy group Americans United For Separation of Church and State, which brought the lawsuit, said the ruling would have major implications for the Bush administration’s policies of allowing faith-based groups to offer services to government institutions.
“This is an enormously significant case on the whole question of how government can, or in this case, cannot aid religious ministries,” Lynn said.
“I think this has implications far broader than a prison in a single state because the basic framework of this decision, the way they reached the conclusion is that government can’t pay for these religious social services nor can they turn over functions of government essentially to religious operations,” he said.
Prison Fellowship Ministries, which contracts with InnerChange Freedom Initiatives Inc. and other organizations to conduct faith-based programs, must repay about $160,000 to the state for money received between June 2006 and June 2007, said Mark Early, the group’s president.
He said the ruling would clarify how faith-based programs could work with government agencies.
“We’re pleased because in this opinion there are some clarifying guidelines to help us and other faith-based organizations working in government settings, such as prisons, to be able to fashion a program and make sure they do comply with current understanding of constitutional law in this area.”
Prison Fellowship operates nine programs in six states: Iowa, Arkansas, Kansas, Minnesota, Missouri and Texas. All are now privately funded through donations from individuals and foundations, he said.
The 24-hour a day, seven-day a week program at Newton immerses inmates in evangelical Christianity. Inmates who complete the 18-month program also get help after they’re released from prison.
Fred Scaletta, a spokesman for the Iowa Department of Corrections, said corrections officials were reviewing the ruling with the attorney general’s office to determine how the state would proceed with the operation of the program.
Bob Brammer, a spokesman for the Iowa attorney general’s office, said attorneys were reviewing the ruling and considering whether to appeal.
An appeal could include asking the three-member 8th Circuit panel for clarification on issues or could seek consideration by the full 8th Circuit Court. The ruling also could be appealed to the U.S. Supreme Court.
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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posted December 4, 2007 at 4:20 pm
As a Christain, I have no problem with Evangelical Prison Ministries.
As a tax-payer, I have a big problem with my taxes funding said ministries. I would have the same problem if they were Catholic, Jewish, or Muslim based.
Peace!
posted December 4, 2007 at 5:21 pm
This was a very appropriate decision by the court. I have known several of the chaplains inthis program. They are very nice and well intentioned guys. But a keystone to the entire program is proselytizing. They do not see it that way, but it clearly is. If we were supporting the same for Islamic, Jewish or any religious group, people would pitch a fit.
posted December 4, 2007 at 7:18 pm
So this is how all those inmates “find Jesus!” I agree with the court, there is absolutely no reason the federal govenment(my taxes) should be paying for Christian (or any other religions) teaching in prisons. From this article, the evangelizing goes on 24/7? No wonder they need the bucks, but not from the government!
posted December 4, 2007 at 8:30 pm
jest it amazes me that you would think that Jesus would have chose your words.
I think the program not only works but in the long run it saves lives, taxes and brings more safety to the population. Clearer heads have determined this to be a great program even those who were not Christians. The whole separation of church and state has been perverted by those with an agenda that requires lack of discernment to be successful.
These kinds of programs have better track records then any of the clinical approaches, and the results last longer. A Christian program changed my life and it has blessed not only me but also my perspective victims if my life hadn’t change. Cutting of your nose to spite your face has always been painful.
posted December 4, 2007 at 9:02 pm
cknuck:
No problem with the program being used in the prisons, but not with Federal money.
The whole separation of church and state is necessary to continue to keep this country from becoming a country RUN by religion…any religion, not just Christianity. There are too many examples of what happens when a religion runs a country…Iraq, Iran, Saudia Arabia, Sudan, etc. Our forefathers and mothers were wise…keep religion OUT of government. No one has perverted the separation of church and state, except maybe our current White House occupant. (money for faith based charities.)
posted December 4, 2007 at 9:35 pm
“These kinds of programs have better track records then any of the clinical approaches, and the results last longer.”
It wouldn’t matter because they are illegal. We have a constitution for a reason and happily one thing it does is prevents our tax money being used to further other peoples’ religions. Which makes us all a lot more civil.
But it bothers me, cknuck, that you made that claim with no documentation. Please, if you can, point us to an authoritative study by scholars, not would-be grantees, that backs up your claim.
posted December 5, 2007 at 2:15 am
Having these kinds of programs are a far cry from religion running the country, and really a far cry from Iraq, Iran or the Sudan? Be for real. Giving these guys meaning for life and they will be a lot less incline to take a life.
posted December 5, 2007 at 6:44 am
as a christian and a taxpayer i support the church in prisons.this program can help 100′s stay out of prison,were without the will more than likely be repeat offenders and you will be paying taxes for most of their lives.
posted December 5, 2007 at 8:54 am
cknuck-
I am glad that you were helped by a Christian program. I know that millions of people have benefited. And, I could not agree with you more that if we assist an individual to find a meaning life that individual is much less likely to take a life. I also believe that they then find their capacity to assist others.
That does not change my opinion that our taxes should not go to fund these programs.
On a different note, are you originally from Canada?
Peace!
posted December 5, 2007 at 8:55 am
As a Christian and a taxpayer, I am appalled that my tax dollars go to support SOME religions’ “ministries”.
posted December 5, 2007 at 12:14 pm
The rate of recidivism (return to prison for other offenses) is barely less than that of the “unchurched” population. Following the lost sheep approach, even one saved is money well spent. I have no problem with the program as it is. I like and respect many of the chaplains. However, it is NOT appropriate for the State (in all its forms) to fund the program.
Even many of the Chaplains agree, it would be money well spent if same funds were used by the State to run detox units and addiction support programs. The recidivism rate is far lower when the inmates get help with the very reasons that caused their arrests. Granted the 12 Step “dance” is still very theologically oriented, but at least it is very non-denominatinal and non-religiously designed. I have known pagans & Christians, Jews and Moslems, Hindus and Buddhists to benefit from it.
Local churches can fund this chaplaincy program. As with the military corps of chaplains (a marvelous oxymoron – and something I admire and support), the foks in prision have to welcome and accomodate all sorts of folks, including those who may seem opposed to their particular faith. This simply means having the resources available to call on someone (approved) from outside to help with the various religious issues. I have not known any of the chaplains in this particular program to do well with Islamic, Santeria, or other religous folks. My goal would be all the religious groups in a community would fund the chplaincy programs, and keep the state out of it. I don’t see that happening any time soon (we don’t play well together either).
posted December 5, 2007 at 6:08 pm
What about overcrowded conditions in The State Prison System? I am a former inmate who was granted parole,and I was not released until 15 months AFTER my parole date.I was incarcerated in Pennsylvania,resentenced on a county probation violation.I was violated for not reporting to my probation officer for two months.The Judge resentenced me to A State Facility for A year minimum.I was eligible for parole June 23,2006,I was released from The Department Of Corrections September 17,2007.I received NO misconducts,worked, and tried to do whatever I could to help other people.If it wouldn’t have been for church programming to lift my hope,It would have been so much worse.Mistakes on my paper was blamed for my overstay.I was incarcerate for petty theft.I can never regain the time away from my six children that I am responsible for,Nor the time inefficiency in the D.O.C. offices,lack of communication between Institution departments and Institution Parole department cost my children and myself,let alone between 30,000 and 44,000 Dollars in TAXPAYERS’ money it cost to house an inmate yearly.Believe me,I am not the only one this happened to.I hope people take notice of these FACTS,AND KEEP PRAISING THE LORD! INMATE#OK2628.
posted December 5, 2007 at 6:52 pm
k.c.:
Am glad the church programing worked for you and helped to keep you going while in prison. However, the governnment shouldn’t be paying for it. If the government was contributing to the church programing, they would be violating the separation of church and state that this country has. Best of luck to you.
posted December 5, 2007 at 7:25 pm
K.C. shared with us that the tax-payers money, yours and ours, isn’t being correctly accounted for. K.C. was held in prison in error for a yr. and a half, so aprox. 55,000 tax payers dollars were wasted. If this happened to K.C. how many more have had this happen? The Prison Chaplain’s help should continue, but by Churches, and organizations paying for it, not the government. The poor bookkeeping, and records kept on the prisoners should be straightened out, you can’t run a business with peoples monies this way, and the tax-payers monies should not be held with so little consideration. And why should a prisoner be kept waiting to be released for 15 months after he should have been out?
posted December 5, 2007 at 7:40 pm
Henrietta:
K.C.’s experience sounds like typical paperwork for the government, state and federal. It shouldn’t happen, but I expect it does, often. Obviously the department of corrections in places has the same paperwork mess as does other government agencies.
posted December 6, 2007 at 8:56 pm
I disagree with my taxes being used to promote war much more then to help a fellow find a way out of his way of crime. I pay taxes and I have just as much say about where my tax money goes and I find nothing wrong with a religious program in jail if it get results. the fact that it works and produces peace loving citizens should be enough for anyone, but some people have so much hate stored in them for Christians that they would rather hurt someones chances for change then to help them if God is involved. I pay taxes for non-Christian programs that don’t work and suck money to no end, so why not pay taxes for something that does. This program has no bad impact and much positive impact, the only motive to hurt it is the one motive, the hate of God, no matter how one disguises it or what they claim (those that claim to be Christian but do nothing that would color them Christian.)
Atheist and lame duck Christians are not the only ones who pay taxes.
posted December 6, 2007 at 9:16 pm
cknuck,
I also object to my taxes paying for a war that should never have been started. But it is, unfortunately, legal and has nothing to do with religion and government being mixed.
posted December 6, 2007 at 11:10 pm
Sorry about the multiple post, people worked hard to make religion illegal but that was never the intent of the forefathers and in this instance the religious program is probably the healthiest thing going on, and it’s a lot healthier then the Iraq war.
posted December 7, 2007 at 9:52 pm
CKnuck,
No one is trying to make religion illegal! Why would we want to do that we are religious too, only people like you seem to ignore that fact. I just don’t happen to follow your religion the same as others on this list. That is my choice, but I do not have a choice in my government. It must represent all of us on an equal basis. A program promoting christianity doesn’t do that. There fore MY Government/taxes should not be paying for it. If it is such a concern for the churches than they need to get with it and pay for it.
As for those finding religion in prison, many use it for what it is worth, a way to seem to change. But do they really? Or are they simply wanna bees who want the name and not the actions. We call that the Fluffy bunnies in Paganism.
I would love to see statics that show thats true that they stay religious no matter what religion they follow.
Oh and what non christian programs are you referring too?
posted December 7, 2007 at 10:38 pm
cknuck:
I agree with Ruairi. No one is trying to make religion illegal. We are all religious, just in different ways, no one’s being superior to anothers. My government shouldn’t pay for Christian’s preaching, Muslim’s preaching, Jewish teaching or anyone else’s preaching, in jails or anywhere else, for that matter. That all should be privately funded. Back to separation of church and state…which is what this is all about.
posted December 9, 2007 at 12:01 am
A problem of the Wall of Separation that need not exist is if tax dollars were spent on those in the faith-based programs in the same proportion as in the general population, and that any expenses beyond that were covered by the church. Equality is maintained, absence of state sponsorship is established, and so on. It makes it roughly the constitutional equivalent of a huge chaplaincy program. And the story doesn’t tell us if that was the case in the program in Iowa or not.
But a problem with faith-based programs like this which it would be extremely hard to overcome is is that life on one of those units is hugely more pleasant than in General Population. That is, cleaner, quieter, much safer, and all-around better. This necessarily carries with it built-in (and State-sponsored, if not -supported) endorsement of religion.
A way around that would be to have a minimum of two such programs – of different faiths – so that the state may be sponsoring religion, but not a particular religion (or sect within a religious tradition). That’s asking for a lot, so maybe the thing to do is to have several such programs of different faiths at various locations within the state Department of Corrections, to which inmates may request transfer (and have the request honored).
So have a ELCA unit in one prison, a Sunni unit in another, a Lubavitcher shul in a third, and so on. This would raise “separate-but-equal” questions, and it is hard to predict what effect an inmate’s choice to go to, say, a Shiite unit would have on her or his parole hearing, but it would solve the one problem. (And I bet the Rastafarian unit would be popular!)