Evangelical Conversion-for-Parole Program Thwarted

By Rob Boston, Church and State. Posted August 28, 2006.

The day after a federal court struck down a taxpayer-supported evangelical Christian program in an Iowa prison, Mark Earley, president of Prison Fellowship, issued a press statement. He was not pleased.

"The courts took God out of America's schools, now they are on the path to take God out of America's prisons," Earley groused.

Earley's analysis of judicial decisions dealing with religion and public schools was widely off the mark, but he had good reason to be upset about the recent ruling on public funds for inmate indoctrination. His organization, Prison Fellowship Ministries, founded by ex-Watergate felon Charles Colson, has been sponsoring the Iowa program for three years. If the ruling stands up on appeal, not only will Earley's group have to shut down the program, it will be required to repay the state of Iowa more than $1.5 million in public support it has received during that time.

The June 2 decision in Americans United for Separation of Church and State v. Prison Fellowship Ministries was a staggering loss not just for Earley's group but perhaps for key elements of President George W. Bush's "faith-based" initiative as well.

U.S. District Judge Robert W. Pratt didn't mince words. Officials at Iowa's Newton Correctional Facility had become, he wrote, far too entangled with religion by establishing a special wing for Prison Fellowship's InnerChange program. InnerChange, Pratt declared, is suffused with religion.

"The religion classes are not objective inquiries into the religious life, comparable to an adult study or college course, offered for the sake of discussing and learning universal secular, civic values or truths," Pratt wrote. "They are, instead, overwhelmingly devotional in nature and intended to indoctrinate InnerChange inmates into the Evangelical Christian belief system."

Later in the ruling, Pratt observed, "For all practical purposes, the state has literally established an Evangelical Christian congregation within the walls of one of its penal institutions, giving the leaders of that congregation, i.e., InnerChange employees, authority to control the spiritual, emotional, and physical lives of hundreds of Iowa inmates. There are no adequate safeguards present, nor could there be, to ensure that state funds are not being directly spent to indoctrinate Iowa inmates."

Attorneys at Americans United were especially gratified by the legal victory. For AU's legal team, Pratt's meticulous 140-page ruling capped more than three years of hard work, including extensive research and on-site visits with inmates and their families in Newton.

Americans United first became interested in the case late in 2002 after a Newton inmate filed a lawsuit pro se (without an attorney) challenging the program and outlining its details. Americans United agreed to represent the inmate and filed another lawsuit against the state's support of the program on behalf of taxpayers and family members of inmates. The two lawsuits were then combined into one.

The InnerChange program was given the prison's "honor unit," which had been used to house the best-behaved inmates. Those inmates were dumped back into the general population. In their place, about 200 inmates took possession of the wing and began receiving religious instruction around the clock.

Iowa corrections officials had instituted the program in 1999. In the first full year, the state allocated $229,950 from its Inmate Telephone Rebate Fund, funds obtained from surcharges placed on calls made to and by inmates. A few years after that, the state stopped using the telephone monies, instead funding the program with direct appropriations from the Healthy Iowans Tobacco Trust, which is partly composed of tax dollars.

Many inmates and their families were especially upset over the allocation from the telephone rebate program. Money from that fund is supposed to be spent on programs to benefit all prisoners, yet a significant portion of it was being siphoned off to fund a religious program that only some inmates wanted.

AU's lawsuit challenged only state involvement with InnerChange, not religious programs in prisons generally. Prison inmates have the right to practice their faith behind bars. They may read religious literature, receive visits from spiritual counselors and, within the confines of the unique security needs of prisons, access religious items.

The InnerChange program was something entirely different. The effort was established at Newton Correctional Facility after public issuance of a proposal that Pratt determined was "gerrymandered" to fit only the Colson group. State officials, he concluded, were adamant about establishing the evangelical program in the prison.

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