Category Archives: Religion

Joint Statement By CAIR and PRPCP on President Trump’s EO on “Religious Liberty”

Joint Statement
By the Council on American-Islamic Relations of New York &
Columbia Law School’s Public Rights/Private Conscience Project

May 15, 2017

As advocates for free exercise of religion, civil rights, and religious pluralism, we are deeply concerned that President Trump’s recently signed Executive Order “Promoting Free Speech and Religious Liberty” will serve to limit, not protect, religious freedom. The order was signed on May 4, 2017, in a ceremony that included Christian musician Steven Curtis Chapman and statements by Pentecostal televangelist Paula White, Baptist Pastor Jack Graham, Catholic Archbishop Donald Wuerl, Rabbi Marvin Heir, and Vice President Mike Pence. While the executive order—unlike a prior leaked draft—does not single out particular religious beliefs for special protection, we are nevertheless concerned that the broad discretion it offers to federal agencies will have the effect of favoring majoritarian faiths at the expense of religious minorities.

Religious Liberty Guidance Provision

Section 4 of the order directs the Attorney General to “issue guidance interpreting religious liberty protections in Federal law.” This provision suggests that the administration plans to take an aggressive approach in affirmatively interpreting federal religious accommodation laws, like the Religious Freedom Restoration Act (RFRA), to grant exemptions from federal law to religious objectors. Religious exemptions are often essential to protecting religious minorities when neutral laws and policies unintentionally burden their beliefs and practices. For example, religious exemptions have ensured that Sikhs, Muslims, and Jews in the military and other workplaces are able to wear religious headwear despite uniform rules. However, President Trump’s order signals an intent to construe religious exemptions more broadly than in the past; such wide discretion is likely to disproportionately protect majoritarian beliefs, perhaps at the expense of religious minorities and other marginalized communities. The Executive Order’s signing ceremony was representative of a larger and pervasive bias in the way that this administration has interpreted “religious liberty”: neglecting, if not, affirmatively denying, the rights of religious minorities – especially Muslims.

So too, this administration is committed to expanding too broadly the notion of religious liberty for some people of faith over others. In particular, inappropriately-broad exemptions run the risk of allowing religious objectors to become religious enforcers, and to impose their views on third parties. Faith-based exemptions from health, employment, and civil rights laws would protect religious health care providers, employers, and landlords, at the expense of workers, patients, and tenants who do not share their beliefs. It is important to note that overly-broad interpretations of religious exemptions threaten religious liberty itself, even among Christians, since even members of the same faith often hold divergent views on many moral and philosophical issues. For example, many Christians as a matter of their faith support reproductive rights for women, equality for LGBTQ people, and religious pluralism in the workplace, public accommodations and elsewhere. Nevertheless, religious minorities are at particular risk of being coerced into abiding by or supporting dominant religious beliefs. This is especially true for minority religions that already face significant mistrust and discrimination, including Muslims, Sikhs, and nonbelievers. Other communities—including LGBTQ people, unmarried families, and those seeking reproductive health care— may also be harmed if the DOJ takes an overly-expansive approach to federal religious exemption law that allows religious objectors to impose their beliefs on others.

We are especially troubled by the fact that the order directs sensitive religious exemption decisions to be made by Attorney General Jeff Sessions, who has a long history of supporting Islamophobic measures, organizations, and beliefs. This history includes:

  • In December 2015, then-Senator Sessions voted against a nonbinding amendment seeking to prevent a religious litmus test for people entering into the United States. During that vote, Senator Sessions said: “Many people are radicalized after they enter. How do we screen for that possibility, if we cannot even ask about an applicant’s views on religion?” Following the horrific shooting that targeted LGBTQ Latinx people at a nightclub in Orlando, Sessions warned Americans on FOX News Sunday to “slow down” on foreign born admissions into the United States, particularly those with Islamic backgrounds. “It’s a real part of the threat that we face and if we can’t address it openly and directly and say directly that there is an extremist element within Islam that’s dangerous to the world and has to be confronted.” In an interview in June 2016, Sessions said of U.S. immigration policy, “We need to use common sense with the who-what-where of the threat.  It is the toxic ideology of Islam.”
  • In October 2013, Senator Sessions asRanking Member of the Senate Budget Committee sent a letter to the National Endowment for the Humanities (NEH) in part demanding a justification for why the NEH was “promoting” Islamic cultures at the expense of Christian and Jewish cultures. The purpose of NEH’s Muslim Journeys program is to “offering resources for exploring new and diverse perspectives on the people, places, histories, beliefs, and cultures of Muslims in the United States and around the world.”
  • Sessions has also associated himself with anti-Muslim hate groups. In 2015, Sessions accepted the “Keeper of the Flame” award from the Center for Security Policy, whose leader Frank Gaffney has advanced the conspiracy theory that President Obama is Muslim and whose reporting the FBI has said “overstated” any threat Muslim observances pose to America. In 2014, Sessions accepted the “Annie Taylor Award” from the David Horowitz Freedom Center and he attended the group’s annual “Restoration Weekend” retreats in 2008, 2010 and 2013. The Southern Poverty Law Center, a group that tracks hate movements in the United States, labels David Horowitz “the godfather of the modern anti-Muslim movement.”

While Sessions has expressed hostility towards Muslims, he has long supported writing conservative Christian beliefs about sex, marriage, and reproduction into law. In one interview, he expressed doubt about admitting into the country Muslims who hold conservative views about sex and sexuality, suggesting that immigrants should be asked if they “respect minorities such as women and gays.” Despite this, he has been an ardent opponent of LGBTQ equality and reproductive rights, and was a sponsor of the First Amendment Defense Act (FADA), a religious exemption law that would create special protections for those who believe that sex should only take place within a cisgender, different-sex marriage. Thus, we hold deep reservations that Attorney General Sessions will be willing and able to interpret religious exemption laws equally for all religions and beliefs, and will adequately consider the burdens that religious exemptions place on third parties.

Johnson Amendment Provision

The potential ramifications of the recently signed EO are especially worrying, given that President Trump joins a long line of Republican figures who support repeal of the Johnson Amendment, a federal law that prohibits tax-deductible non-profits (including universities, charities, and houses of worship) from participating or intervening in “any political campaign on behalf of (or in opposition to) any candidate for public office.” Recent examples include the U.S. House’s Free Speech Fairness Act (which is supported by 57 Republican Representatives) and its companion bill in the U.S. Senate (which is supported by 5 Republican Senators).

For years, conservative political activists have fought against this provision, arguing that it amounts to an unconstitutional limitation of the First Amendment rights of religious leaders and houses of worship to comment on political activities. In contrast, political observers note that the repeal of the amendment, combined with the tax deductibility of 501(c)(3) donations, would effectively lead to taxpayers subsidizing political activism from houses of worship and other non-profits.

The operative provision of the executive order, Section 2, is quite limited: the Treasury Secretary is not to challenge the tax exempt status of religious organizations that speak “about moral or political issues from a religious perspective, where speech of similar character has . . . not ordinarily been treated as participation or intervention in a political campaign . . . .” Since the IRS has never shown any interest in expanding tax-exempt enforcement against houses of worship, the order is, at most, a ratification of the status quo. For years, activists have flagrantly violated the Johnson Amendment, only to see the IRS refuse to respond or agree to generous settlements. Since 2008, conservative activists such as the Alliance Defending Freedom (ADF) have hosted Pulpit Freedom Sunday a few weeks before Election Day, encouraging pastors across the country to talk electoral politics in church as part of a deliberate effort to draw scrutiny from the IRS so that ADF can launch a constitutional challenge to the law. ADF encourages Christian Pastors to engage in civil disobedience and “speak truth into every area of life from the pulpit.” To date, none of the participating pastors have faced IRS enforcement measures.

If Congress repealed the Johnson Amendment, or if President Trump implemented a more robust executive order on the topic, the effect would be strikingly asymmetrical. Christian and Jewish clergy (and other politically-secure religious traditions) would be empowered to bring faith and politics together at the very moment that Muslim clergy worry about the growing net of suspicion and surveillance being cast on their community. Unlike their counterparts in other faiths, Muslim clergy are primarily fearful of the local, state, and federal intelligence operations that target their houses of worship, and not without cause. Muslims already face increased scrutiny from law enforcement officials. For example, the National Security Agency and the FBI allegedly tracked email accounts of five Muslim American leaders between 2006 and 2008, according to an NSA spreadsheet of email addresses disclosed by former NSA contractor Edward Snowden. More recently, over 100 people contacted the Council on American Islamic Relations to report that they were visited by the FBI prior to the 2016 election.

The effect would be particularly pronounced here in New York, where Muslims face additional scrutiny from the NYPD, which has a long history of suspicionless, warrantless surveillance of the Muslim community. According to the NYPD’s own inspector general, 95% of recent NYPD intelligence investigations targeted Muslim New Yorkers or organizations associated with Islam, and the NYPD has repeatedly inserted undercover agents everywhere from New York masajid to Muslim student groups at public colleges.

While President Trump’s May 4th executive order, self-styled as “Protecting Free Speech and Religious Liberty,” was largely symbolic, it has disturbing implications for how measures that purportedly advance religious liberty can promote majoritarian religious institutions, while harming the minority faiths most in need of protection. Hopefully, the order isn’t a harbinger of more meaningful and substantive measures in the months and years to come.

_______________________________________________

Access a .pdf of this statement from the Council on American Islamic Relations and the PRPCP here.

For questions regarding this analysis, or to contact the Public Rights/Private Conscience Project regarding this or any other issues, contact:

The Public Rights/Private Conscience Project
Liz Boylan, Assistant Director for the Center for Gender & Sexuality Law
E-mail: eboyla@law.columbia.edu
Phone: 212.854.0167

To read other analyses by the Public Rights/Private Conscience Project, visit us on the web at: https://www.law.columbia.edu/gender-sexuality/public-rights-private-conscience-project.

 

“Religious Liberty” Executive Order Will Limit, Not Enhance, Religious Freedom

May 4, 2017 Today, President Trump signed an executive order that creates many more questions than answers about how the federal government intends to “protect the freedom of Americans and their organizations to exercise religion and participate fully in civic life.” Several of its provisions raise serious cause for concern.

The order—unlike a prior leaked draft—does not single out for special protection particular religious beliefs about sex, marriage, or reproduction. Nevertheless, it still opens the door to agency under-enforcement of federal laws in ways that will harm, not enhance, religious liberty. In particular, Section 4 of the order, entitled “Religious Liberty Guidance,” directs the Attorney General to issue guidance on “interpreting religious liberty protections in Federal law” to all federal agencies. This provision instructs Attorney General Jeff Sessions to interpret religious exemption laws, like the Religious Freedom Restoration Act (RFRA), in ways that may cause significant harm to vulnerable communities.

For example, Sessions could attempt to limit government enforcement of the Family and Medical Leave Act, the Civil Rights Act, the Fair Housing Act, or the Fair Labor Standards Act if he determines that enforcement will burden an individual’s or corporation’s religious liberty in violation of RFRA—even if a court would be unlikely to construe RFRA so broadly. More specifically, he could interpret RFRA to provide an exemption from Title VII of the Civil Right Act to employers who believe they have a religious obligation to proselytize to their non-Christian employees. If RFRA is interpreted by agencies to allow employers, landlords, healthcare providers and others to impose their religious beliefs on other individuals, this will significantly burden religious minorities who may find themselves shut out from participation in civic life.

While this order doesn’t require Attorney General Sessions to interpret RFRA and other exemptions in any particular way, we know that he has supported using ‘religious liberty’ as a tool to advance particular conservative beliefs while harming vulnerable communities—a position that many in Trump’s cabinet share. Furthermore, he has expressed hostility to religious minorities. While in the Senate, he voted against a proposed amendment that opposed placing a religious test on those entering the country, and he has called Islam a “toxic ideology.”

In the coming days and weeks, we will continue to update our analysis. Follow PRPCP’s policy page and blog for all of our most up to date information.

Potential Consequences of Trump’s “Religious Freedom” Executive Order

Press Advisory: Potential Consequences of Trump’s “Religious Freedom” Executive Order

Date: May 4, 2017

From: Columbia Law School, The Public Rights/Private Conscience Project (PRPCP)

Contact: Ashe McGovern | amcgovern@law.columbia.edu | 212.854.0167

Potential Consequences of Trump’s “Religious Freedom” Executive Order

President Trump is set to sign a far-reaching and constitutionally problematic executive order today. Although a draft of the final order has not yet been released, it will likely mirror, at least in part, a similar draft that was leaked earlier this year. While more detailed analysis will be necessary once the final order has been released, the leaked order raises the following issues. Specifically, the order:

Defines “people” to include for-profit corporations—even corporations that do not have an exclusively religious purpose. The order defines a “person” to be consistent with 1 U.S.C 1, which includes for-profit corporations.  This means that where the order affirms the right of “people” to act in accordance with a particular set of religious beliefs, including opposition to LGBTQ equality, it enables for-profit corporations to act in a discriminatory manner. These companies would be shielded from government intervention and enforcement of otherwise applicable laws, as long as they assert that their behavior is in keeping with a particular set of “religious beliefs.” The order also defines “religious organization” to include closely held for-profit corporations “operated for a religious purpose even if its purpose is not exclusively religious and is not controlled by or associated with a house of worship.” Thus an organization that is primarily engaged in secular activities, but claims to have some set of guiding religious principles—which the order fails to limit or define—could qualify as a religious organization. It would then be granted the protections religious organizations are given under this order.

Grants broad exemptions from federal civil rights and nondiscrimination laws to private and nonprofit organizations that are funded by the federal government to provide social services, education, healthcare, employment opportunities or other services to the general public. The order states that “persons and organizations do not forfeit their religious freedom” when contracting with the federal government in delivering services to the general public. This means that private organizations, even those that are funded by the federal government, will be shielded from claims that they have violated civil rights and nondiscrimination law as long as they claim their behavior is in accordance with a set of religious beliefs that they are free to define. This also means that the federal government will be unable to require religious grantees to provide publicly-funded services on a nondiscriminatory basis.

Enables federal contractors to impose their religious beliefs on their workers as a condition of employment. The order states that all agencies must provide exemptions to federal contractors and grantees consistent with religious exemptions found within the Civil Rights Act and Americans with Disabilities Act. These exemptions have been carefully tailored and limited by the courts, and do not currently apply to federal contractors. Applying them to federal contractors would impermissibly expand the exemptions, and allow federally-funded organizations to require that their employees follow particular religious beliefs or behaviors in order to remain employed.

Grants broad religious exemptions to federal employees acting in their official capacities as government workers, including workers that regularly interact with the public. The order requires agencies to “accommodate” the religious beliefs of federal employees, even where those beliefs conflict with their official duties as government employees. This could mean that a federal employee, who works for the Social Security Administration, for example, could refuse to process an application for a same-sex couple, a transgender person or a person of different faith, by stating that their religious beliefs prohibit them from doing so.

Directs relevant federal agencies to exempt any organization, whether religious or secular, from having to provide comprehensive reproductive services and healthcare to their workers. The order directs the Departments of Health and Human Services, Labor, and Treasury to issue an immediate interim rule that “exempts from the preventative care mandate…all persons and religious organizations that object to complying with the mandate for religious or moral reasons.” The order also directs HHS to take “appropriate actions” to ensure that “any individuals” who purchase health insurance on the individual markets, including federally facilitated and state sponsored health insurance, have the ability to purchase insurance that does not provide coverage for abortion and “does not subsidize plans that do provide such coverage.” This means that any for-profit employer can be granted a religious exemption from the requirement that they or their health plans provide contraceptive and family planning services. This would substantially broaden the Supreme Court’s holding in Burwell v. Hobby Lobby, which applied only to closely-held corporations. The order would also require state and federal exchanges to include plans that prohibit family planning services. Furthermore, it would preempt state laws that require health plans to cover birth control and abortion.

Allows federally-funded child welfare services and agencies to discriminate on any basis, including on the basis of race or religion, if doing so would “conflict with the organization’s religious beliefs.” This includes organizations that “provide federally funded child-welfare services, including promoting or providing adoption, foster, or family support services for children, or similar services.” This means that organizations that provide foster or adoptive services would be empowered to discriminate against same-sex couples, people of other faiths, unmarried people, or others whose relationships or behaviors do not conform to the organization’s particular religious beliefs.

Allows religious organizations and houses of worship to engage in political lobbying, while still maintaining their tax-exempt status. Specifically, this order would allow an organization that is speaking on a “moral or political issue from a religious perspective” to endorse or support political candidates. Currently, the tax code prohibits all 501(c)(3) organizations from endorsing or opposing political candidates. This provision would exempt religious organizations—and only religious organizations—from that mandate. The order also prohibits the Department of Treasury from imposing any tax penalty or burden to any organization that acts in accordance with beliefs that “marriage is or should be recognized as the union of one man and one woman, sexual relations are properly reserved for such a marriage, male and female and their equivalents refer to an individual’s immutable biological sex as objectively determined by anatomy physiology or genetics at or before birth, and that human life begins at conception and merits protection at all stages of life.”

Enacts far-reaching requirements on all federal departments and agencies to promptly rescind any rulings, directives, regulations, guidance, positions, or interpretations that are inconsistent with the order. This means that directives, rulings, regulations, guidance and interpretations that do not provide expansive religious exemptions may be rescinded or withdrawn by any agency or department of the federal government. This could include already existing protections enacted under the Obama administration for LGBTQ communities, women, and people of color, in their ability to seek access to reproductive services, employment, healthcare, education or social services.

Access a .pdf of this Press Advisory here.

For more policy analyses from the PRPCP, see our Policy Page, here.

Columbia Law School Think Tank Submits amicus brief in Transgender Rights Case

Press Release:
April 25, 2017

From:
Columbia Law School, The Public Rights/Private Conscience Project (PRPCP)

Subject:
Columbia Law School Think Tank Submits amicus brief in Transgender Rights Case

Contact:
Liz Boylan, eboyla@law.columbia.edu, 212.854.0167

______________________________________________

April 25, 2017 Columbia Law School’s Public Rights/Private Conscience Project (PRPCP) and Willkie Farr & Gallagher LLP filed an amicus brief yesterday with the Sixth Circuit Court of Appeals in a case that raises the important question of whether employers can use religious liberty arguments to avoid compliance with federal non-discrimination laws. Specifically, it considers whether employers have the right to engage in sex discrimination if motivated by religious principles. The case, Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes Inc., was brought on behalf of Aimee Stephens, a funeral home director who was fired after she came out to her employer as a transgender woman. In an unprecedented decision, the trial court held that the funeral home owner’s religious opposition to Stephens’ gender transition and identity entitled the employer to an exemption from Title VII of the Civil Rights Act, which prohibits sex discrimination in the workplace.

The District Court’s opinion rested on an interpretation of the Religious Freedom Restoration Act (RFRA), which prohibits the federal government—in this case, the Equal Employment Opportunity Commission (EEOC)—from substantially burdening religious practice unless doing so is the least restrictive means of furthering a compelling government interest. According to the court, the EEOC should have advanced its interest in nondiscrimination in a way that was less burdensome to the employer’s belief that he “would be violating God’s commands if [he] were to permit one of the [Funeral Home’s] funeral directors to deny their sex while acting as a representative of [the Funeral Home].”

PRPCP’s amicus brief explains that the trial court’s interpretation of RFRA is unconstitutional. By requiring Stephens to adhere to her employer’s religious beliefs about gender, the accommodation would violate the Establishment Clause of the First Amendment, which protects individuals from having to bear the significant costs of a religious belief they do not share. In addition, the accommodation would force the EEOC to participate in—rather than fight against—sex discrimination.

“While federal law provides robust protections to religious liberty, those rights are not absolute,” said Katherine Franke, Sulzbacher Professor of Law and Faculty Director of PRPCP. “The right to religious liberty reaches its limit when the accommodation of religious liberty results in the imposition of a material burden on third parties, as is the case here.”

“The District Court opinion transforms the EEOC from an agency that prohibits discrimination to one that enables and enforces it,” said Elizabeth Reiner Platt, Director of PRPCP. “If upheld, this decision will devastate one of the country’s most important civil rights protections.”

The PRPCP’s mission is to address contexts in which religious liberty rights conflict with or undermine fundamental rights to equality and liberty through academic legal analysis. PRPCP approaches the developing law of religion in a manner that respects the importance of religious liberty while recognizing the ways in which broad religious accommodations may violate the First Amendment’s Establishment Clause.

Read a copy of the full amicus brief here:
http://tinyurl.com/PRPCP-4-24

Read the district court opinion here: http://www.mied.uscourts.gov/pdffiles/14-13710opn.pdf

For more information on the PRPCP, visit the PRPCP’s webpage, here: http://tinyurl.com/PRPCP-Columbia

God in Captivity: A talk with Professor Tanya Erzen

On Monday, March 27th, 2017, the Public Rights/Private Conscience Project hosted Tanya Erzen to speak as part of a series of lunchtime lectures on Law, Rights, and Religion at Columbia Law School. Tanya Erzen is the Executive Director of the Freedom Education Project of Puget Sound, and Associate Research Professor of Religion and Gender Studies at the University of Puget Sound; her work focuses on intersections of religion and faith in American politics and popular culture, with a focus on religion and conservatism in U.S. carceral systems. The Public Rights/Private Conscience Project engaged Professor Erzen in discussion on her recently published book from Beacon Press, God in Captivity: The Rise of Faith-Based Ministries in the Age of Mass Incarceration[1]. Following the program, Kira Shepherd, Associate Director of the Public Rights/Private Conscience Project’s Racial Justice Program conducted a brief interview with Professor Erzen on the experiences that inspired her to write God in Captivity, the history of faith-based prison ministries in the United States, and the social and political implications of the prison industrial complex’s partnerships with faith-based prison ministries.

Watch the video of this talk here, and read the full transcript of Kira’s discussion with Professor Erzen, below.

Kira Shepherd:

Hi, Thanks for joining us today at the Public Rights/Private Conscience Project. Today we had a talk with Tanya Erzen, who talked about her book, God in Captivity: The Rise of Faith Based Ministries in the Age of Mass Incarceration. Can you tell me what drove you to write the book, and can you tell me a little more about what the book is about?

Tanya Erzen:

I actually lived in New York for quite some time and I taught – I was at Barnard when I had my Post-Doc., and at that time I taught in a women’s prison on the West Side Highway called Bayview[2], and I think that what struck me, being there, was that so often the groups that you saw coming in besides family members and loved ones were faith-based groups in such high numbers. Around that time, the same person who got me interested in teaching sent me a news article – it was about 2003 – that said that Florida had actually transformed all of their state prisons to faith-based character institutions[3]: this idea that rehabilitation would happen through some kind of relationship to a faith-based group or a religious tradition.

And what was interesting is that for so many years when you talked to people in prison, especially administration, but in the general public if you said, “A person in prison became religious” it was treated or met with a lot of skepticism – it was almost considered the ultimate con, right? “Everybody gets religion in prison”… and there was a real shift in that suddenly prison administrations were touting faith-based ministry and faith-based groups as the most effective form of rehabilitation and reform for the individual. It really comes out of my teaching college in a prison, and running the college program, and also really thinking about how we use the idea of transformation through education, and that’s the same language that faith-based groups use. What happens on the ground that’s different between education groups and faith-based groups, and how are they distinct – that’s a question I’ve been trying to consider.

Kira Shepherd:

In the book you talk about how there was a policy shift that led to the rise of faith-based ministries: Can you tell me a bit more about that shift – when it happened, and why it happened?

Tanya Erzen:

Sure. Really, I mean, it starts in the 1970s. Chuck Holston, who was an aide to Nixon and went to prison for Watergate-related crimes came out of prison as a born-again Christian, wrote a book about it, and founded Prison Fellowship Ministry, which is the largest faith-based prison ministry group in the country, and they’re all over: both running entire wings of prisons and operating programs that are based on becoming born-again as an evangelical as a part of being rehabilitated. It is a time when the prison population is increasing at a dramatic rate and a lot of states are cutting budgets, because they can’t pay for services. So at the same time you have the rise of non-denominational conservative Christianity eclipsing mainstream main-line Protestantism as their congregations are dying, and a lot of these groups are set up to have small groups that go and do work in different sectors, and so there’s this whole corps of volunteers who could come in. And then also, policy-wise, more recently in the late 90s and 2000s, you have people who knew Chuck Holston and Pat Nolan and who work with Prison Fellowship Ministry, they’re lobbying Republicans around this idea that they have to address criminal justice reform as an issue of public safety and fiscal responsibility. So for the first time, instead of people being, you know, tough on crime, they’ve shifted the discourse to being “smart” on crime or “right” on crime. And that you have conservatives looking to dismantle or to reform prisons and to institute criminal justice reforms whether through better parole systems, different sentences for people who commit non-violent crimes, working to end sentences for juveniles and so forth in collaboration with more progressive groups like the ACLU, but the rationale for them is always sort of different and it has really transformed the landscape of criminal justice reform around the country and you have big donors like the Koch brothers who are funding conferences on criminal justice reform and trying to assert changes; that movement really emerges from the work of evangelical ministries, and evangelical ministries support the rationale of that conservative agenda because they’re doing the work of the state, but they are doing it as volunteers through – and in – a privatized manner: So if you see the prison as this over-bloated bureaucracy that sucks too much money, faith-based groups are the ideal solution, because they come in and they argue that they can do this more effectively and at a cheaper cost.

Kira Shepherd:

Can you talk about the impact that these ministries have on LGBTQ communities in prison?

Tanya Erzen:

I would say the impact is incredibly negative. There aren’t a lot of support groups to begin with for the LGBT men and women in prison and often, those groups, people are very marginalized. Because of laws like PREA (Prison Rape Elimination Act) [4], prisons have become really obsessed, legally, with questions of boundaries and any kind of reporting around gender. I think what that has done also has sort of squashed the possibility of certain people being out about their sexuality and meeting, but a lot of faith-based ministries have very socially conservative principles and theologically conservative principles in which they don’t see being gay as a legitimate way of being. So if you are a self-identified gay person, a gay man, or a lesbian or a trans person, you aren’t allowed to participate in ministries in many ways, and as I mentioned in my talk[5] they have formed ex-gay ministries to try to convert people from gay to straight, as fraught and as complicated as that is….I think, you know, this just furthers this idea of faith-based ministries… A “real” Christian Ministry – if you’re looking at it from a principle of forgiveness or justice – would [have a mission of] “I’m going to help and support everyone” as a principle. What [faith-based prison ministries] are doing is saying, “I will support and help you: I’ll give you education, I’ll help you with re-entry, as long as you believe what I believe” – and that is coercive, and it’s discriminatory.

______________________________________

[1] Beacon Press. http://www.beacon.org/God-in-Captivity-P1256.aspx. Retrieved 30 March 2017.

[2] History of Bayview Correctional Facility – A Vertical Institution: https://web.archive.org/web/20041205091718/http://www.geocities.com/MotorCity/Downs/3548/facility/bayview.html. Kasper, Ed (November 2001). “History of Bayview CF – A vertical institution”. New York State Correction Officer Informational Page. Archived from the original on 5 December 2004. Retrieved 29 March 2017.

[3] Florida State Statute 944.803, entered in 2003, available at www.leg.state.fl.us: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0944/Sections/0944.803.html. Retrieved 29 March 2017.

[4] Information on PREA – from the PREA Resource Center: https://www.prearesourcecenter.org/about/prison-rape-elimination-act-prea. Retrieved 30 March 2017.

[5] Video from Tanya Erzen’s full talk on God in Captivity: The Rise of Faith-Based Prison Ministries in the Age of Mass Incarceration with the Public Rights/Private Conscience Project at Columbia Law School is available here: https://www.facebook.com/emboylan1/videos/404885809867240/. Retrieved 30 March 2017.