The Justice Department, in its appeal to a federal judge in South Carolina asking to intervene in an ACLU lawsuit against a county sheriff, says the policy discriminates against non-Christians.
Melanie Stetson Freeman/Staff/File
The US Justice Department is asking a federal judge in South Carolina to allow it to intervene in a lawsuit against a sheriff who allegedly forbids prisoners in his jail from receiving books, magazines, or printed materials other than copies of the King James version of the Bible.
He maintains that any actions taken at the jail are justified to preserve health and safety, and to further the pursuit of “legitimate penological objectives.”
Justice Department lawyers disagree.
“The only book, magazine, newspaper, or religious publication that [jail officials] consistently permit prisoners to possess is the Bible,” the Justice Department says in its complaint. “These practices discriminate against non-Christian prisoners in violation of the First Amendment’s Establishment Clause.”
The First Amendment’s establishment clause forbids the government from favoring one religion over any other. The amendment also bars the government from interfering in private acts of worship.
A Jewish prisoner seeking a Torah said he was told by jail officials that the prison only provides Bibles. Two Muslim prisoners seeking copies of the Koran were told the same thing, according to the complaint.
Jail officials reportedly told the prisoners that they could possess copies of the Torah or Koran in the jail, but only if a family member personally delivered the book to the jailhouse staff.