Protecting the Religious Rights of Inmates Has Implications beyond the Prison Walls

Jan. 26 2023

In 2021, Damon Landor was nearing the end of a sentence for drug possession when prison officials forcibly shaved his head, despite his protests that to do so would violate his religious beliefs as a Rastafarian. Although the law—which could be applied just as easily to observant Jewish convicts—appears to be on his side, as written it is virtually unenforceable. Bobby Miller describes two lawyers’ efforts to change that:

Landor is contesting a lower court’s decision that he is not entitled to damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), which safeguards the religious freedom of incarcerated persons. [H]is case was dismissed on the theory that RLUIPA does not permit damages against prison officials. State-prison officials in other jurisdictions have also removed the beards and dreadlocks of Muslim and Rastafarian inmates; refused to provide detainees with kosher, halal, or other foods in keeping with religious dietary laws; and prohibited them from wearing hijabs, yarmulkes, and other head coverings.

Zack Tripp, one of the lawyers representing Landor, explained the shocking facts of the case: . . . “In 2017, the United States Court of Appeals for the Fifth Circuit directed Louisiana that it must grant religious exceptions and allow Rastafarian men like Mr. Landor to keep their dreadlocks in prison. Yet, when Mr. Landor handed that decision to the prison officials just weeks before his release, they tossed the court’s opinion, shackled him to the table, and had him shaven completely bald. Mr. Landor’s allegations show that, without a damages remedy, Congress’s protections and the court’s decisions interpreting those protections aren’t worth the paper they’re printed on. No damages means no accountability.”

RLUIPA isn’t only relevant for the imprisoned. It is a critical statute for religious practitioners everywhere. RLUIPA also provides religious institutions with a means of circumventing restrictive zoning-law limits on their use of real estate. That is why Landor’s case has broader implications and should attract support from all those who care about religious freedom.

Read more at National Review

More about: American law, First Amendment, Freedom of Religion

Hamas’s Confidence Shows Why Hostage Talks Aren’t Working

Sept. 10 2024

Yesterday, President Biden reportedly met with his advisers to discuss how to achieve a breakthrough in hostage negotiations. Meir Ben Shabbat takes a closer look at what the terrorists themselves are saying:

Khalil al-Hayya, Hamas’s deputy chief in Gaza, reiterated that this issue is merely one of several demands his group has put forward as conditions for a deal. “We stress that any agreement must encompass a full cessation of hostilities, complete withdrawal from the Gaza Strip, including the Philadelphi Corridor and the Rafah crossing [which allow Hamas to smuggle weapons and supplies from Egypt], unimpeded return of displaced persons to their homes, aid and relief for Palestinians, Gaza’s reconstruction, and a prisoner exchange,” al-Hayya stated.

This stance isn’t new. What stood out in its presentation was the self-assurance displayed by the senior Hamas official, during a week when he and his associates were expected to be on edge, fearing repercussions for the killing of six hostages. However, the reaction to this in Israel and the United States prompted an opposite response from them. From their perspective, not only did they avoid consequences for the heinous act, but through it, they managed to escalate tensions and internal disagreements in Israel, while also prompting Washington to consider presenting a framework defined as a “final offer, without room for negotiation.

Hamas assumes that a final American proposal will inevitably come at Israel’s expense. The primary pressure to reach an agreement is already being applied to Israeli leadership. Hamas faces no consequences for prolonging the process, and so long as it holds hostages, it can always resume negotiations from where they left off.

Read more at Israel Hayom

More about: Gaza War 2023, Hamas, U.S. Foreign policy