Faith-based Corrections

This note argues that courts must adhere to strict scrutiny, not only in theory, but also in practice. In doing so, it first gives a brief, general overview of the history of religious freedom in the prison system, with particular focus on the efforts and struggles of religious minorities. Then it addresses the inconsistency between Cutter and Holt while comparing the due deference and hard look approaches. Finally, to provide some concrete examples of why this inconsistency matters, it examines two issues more in-depth: First Amendment retaliation claims and equal treatment claims.

Faculty and students in Harvard Law’s Religious Freedom Clinic work on a pair of cases seeking justice for incarcerated Rastafarians whose dreadlocks were shorn by prison officials.

In 2018, the global median level of government restrictions on religion – that is, laws, policies and actions by officials that impinge on religious beliefs and practices – continued to climb, reaching an all-time high since Pew Research Center began tracking these trends in 2007.

This testimony focuses on 1) trends in religious freedom revealed by Freedom House’s research and programming, 2) conditions in China, where religious persecution is happening on a mass scale, and 3) recommendations for how the United States and other democracies can strengthen targeted sanctions programs to apply them with greater impact.

The objective of this audit was to assess the Federal Bureau of Prisons' (BOP) management and oversight of its Chaplaincy Services Program to support faith-based activities and its effectiveness in preventing security risks and misuse of program resources.