The Baptist Joint Committee released a statement following yesterday's Supreme Court ruling in Sossamon v Texas. A majority opinion written by Justice Thomas determined that a key religious freedom law (RLUIPA) does not leave states vulnerable to monetary damage claims after violating the rights of inmates. Because of that, the BJC says, the rights of prisoners to practice their religion are placed in a precarious position.
BJC Executive Director J. Brent Walker expressed dissatisfaction with the decision. “We are disappointed in the majority’s pinched view of what was a clear congressional intent to provide prisoners broad protection for religious liberty and a robust remedy for its violation, including monetary damages,” Walker said
The BJC filed a brief with the court in the case, along with other religious liberty advocates, urging the court not to soften religious liberty protections in this way.
Other reactions to yesterday's decision:
Tony Mauro of the First Amendment Center writes that "Prison inmates may be left without an effective remedy for violations of their religious freedom as a result…"
Associated Baptist Press covers the ruling in this article by Bob Allen.
In Texas Lawyer, former Texas Solicitor General John Ho writes this analysis, which concludes with an important quote from the attorney who represents the plaintiff Harvey Leroy Sossamon:
"I think that the ball is now is in Congress' court if it wants to make sure that religious liberties are given the same protections as other civil rights. . . .'' Russell says. "Just about every major civil rights statute authorizes damages, including against states."
Associated Press coverage of the decision is here.
