MODULE 3: FREEDOM OF RELIGION Q1 Divide your answer into 2 clearly labeled parts. In the first part discuss the “Worshipers” case. In the second part discu

 Q1 Divide your answer into 2 clearly labeled parts. In the first part discuss the “Worshipers” case. In the second part discuss the state’s case. Be sure to mention the RLUIPA, passed by the U.S Congress in 2000, to replace the Religious Freedom Restoration Act that was declared unconstitutional by the Supreme Court in 1997. A minimum of a 1 page and ½, double-spaced, 12-font. 

Q2   Before the court ruled on his lawsuit, the U.S. Supreme Court decided the case Holt v. Hobbs. The prison system argued that its policy was still lawful because a 4-inch beard is much longer than a ½-inch beard (which was the issue in Holt v. Hobbs) and a kufi is a separate danger.

Analyze the issues (4-inch beard and kufi) in Rasheed’s case using the Supreme Court’s decision in Holt v. Hobbs. Make sure you read the Holt case carefully and understand the RLUIPA! 1 page minimum!

MODULE 3: FREEDOM OF RELIGION

LISTEN TO: COMMENTARY ON MODULE 3

READ:

1) Chapter 4 in the textbook

2) The U.S. Supreme Court decision Holt v. Hobbs (2015): https://supreme.justia.com/cases/federal/us/574/352/

3) “Native American inmates win right to long hair in Texas prison” in the Houston Chronicle (3/18/2019): https://www.houstonchronicle.com/news/houston-texas/houston/article/Native-American-inmates-win-right-to-long-hair-in-13698552.php

4) “Supreme Court halts execution of Texas 7 inmate denied spiritual advisor” National Public Radio (3/29/2019):

https://www.npr.org/2019/03/29/707884682/supreme-court-halts-execution-of-texas-7-inmate-denied-buddhist-spiritual-advise

5) “Muslims Overrepresented in State Prisons, Report Finds,” National Public Radio (7/25/2019) – 3 minute audio: https://www.npr.org/2019/07/25/745226402/muslims-over-represented-in-state-prisons-report-finds

Module 3 Assignment (due 2/23, no later than 11:59 pm)

Worth a maximum of 22.5 points toward the final grade

QUESTION 1

Inmate Leonard (a/k/a Rocky) Hardnose decided to form a group of fellow inmates at the maximum-security unit where he was incarcerated. Rocky drafted a set of principles for the group. The group is called “Worshipers of the Ancient Souls.”

Through group meditation and prayer, Rocky encourages inmates to develop relationships with their personal God. He has declared himself the Grand Poompa of the faith.

Hardnose preaches that every person is inhabited with an ancient soul, and it is our duty to communicate with that soul through rigorous yoga, a vegan diet, and through “soul-calling.”

Members of the group must wear colorful headbands that signify their religious convictions – proof that their heads (and the brains inside them) are united in one consciousness.

Rocky has asked the prison warden for permission to assemble the group every Friday evening at 8:00 p.m., the group’s holiest day of the week. At the worship services prisoners attempt to go into a trance in order to “call” their ancient soul. Trances typically last for an hour or so and prisoners fall to the floor, writhe around, and shout to their souls. Very few inmates are scheduled to work on Friday evenings.

Prison officials have denied permission to the “Worshipers of the Ancient Souls” to assemble.

1) Officials maintain that because it is the end of the prisoners’ work week, the unit has fewer correctional officers on duty on Friday evenings than are needed to escort inmates to the worship meetings and to provide security at the meetings.

2) Officials will not allow the group members to wear headbands because of security reasons.

3) Officials deny worship services because the “soul-calling” trances are dangerous.

4) Officials also argue that the “Worshipers of the Ancient Souls” is not a true religion because it was the creation of Rocky Hardnose and there is no counterpart in the free world.

Rocky sues on behalf of the “Worshipers of the Ancient Souls” and argues that the inmates’ First Amendment right of freedom of religion has been infringed. Analyze the arguments both for and against the “Worshipers.”

Divide your answer into 2 clearly labeled parts. In the first part discuss the “Worshipers” case. In the second part discuss the state’s case. Be sure to mention the RLUIPA, passed by the U.S Congress in 2000, to replace the Religious Freedom Restoration Act that was declared unconstitutional by the Supreme Court in 1997. A minimum of a 1 page and ½, double-spaced, 12-font.

QUESTION 2

Rasheed is a Texas inmate who is a devout Muslim. He asked but was denied permission from prison officials to wear a 4-inch beard and a kufi (a short, round skull cap – officials allowed inmates to wear a kufi in their cells but not outside their cells). Officials argued that a 4-inch beard and a skull cap could hide contraband and weapons. It could also impact a prisoner’s appearance as they moved around a facility, making it more difficult for officers to identify prisoners quickly.

Before the court ruled on his lawsuit, the U.S. Supreme Court decided the case Holt v. Hobbs. The prison system argued that its policy was still lawful because a 4-inch beard is much longer than a ½-inch beard (which was the issue in Holt v. Hobbs) and a kufi is a separate danger.

Analyze the issues (4-inch beard and kufi) in Rasheed’s case using the Supreme Court’s decision in Holt v. Hobbs. Make sure you read the Holt case carefully and understand the RLUIPA! 1 page minimum!

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