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Court: [Iowa] Prison program unconstitutional
AP ^ | 4 Dec. 2007 | DAVID PITT

Posted on 12/03/2007 11:42:57 PM PST by Fitzcarraldo

DES MOINES, Iowa - A federal appeals court ruled Monday that the state of Iowa cannot fund an evangelical Christian prison ministry program because doing so advances or endorses religion, violating the Constitutional separation of church and state.

The 8th U.S. Circuit Court of Appeals upheld U.S. District Judge Robert Pratt's June 2006 ruling that a Prison Fellowship Ministries Inc. program at the Newton Correctional Facility was unconstitutional if paid for with taxpayer dollars and should be shut down.

Barry Lynn, executive director of the Washington-based advocacy group Americans United For Separation of Church and State, which brought the lawsuit, said the ruling would have major implications for the Bush administration's policies of allowing faith-based groups to offer services to government institutions.

"This is an enormously significant case on the whole question of how government can, or in this case, cannot aid religious ministries," Lynn said.

"I think this has implications far broader than a prison in a single state because the basic framework of this decision, the way they reached the conclusion is that government can't pay for these religious social services nor can they turn over functions of government essentially to religious operations," he said.

Prison Fellowship Ministries, which contracts with InnerChange Freedom Initiatives Inc. and other organizations to conduct faith-based programs, must repay about $160,000 to the state for money received between June 2006 and June 2007, said Mark Early, the group's president.

He said the ruling would clarify how faith-based programs could work with government agencies.

"We're pleased because in this opinion there are some clarifying guidelines to help us and other faith-based organizations working in government settings, such as prisons, to be able to fashion a program and make sure they do comply with current understanding of constitutional law in this area."

Prison Fellowship operates nine programs in six states: Iowa, Arkansas, Kansas, Minnesota, Missouri and Texas. All are now privately funded through donations from individuals and foundations, he said.

The 24-hour a day, seven-day a week program at Newton immerses inmates in evangelical Christianity. Inmates who complete the 18-month program also get help after they're released from prison.

Fred Scaletta, a spokesman for the Iowa Department of Corrections, said corrections officials were reviewing the ruling with the attorney general's office to determine how the state would proceed with the operation of the program.

Bob Brammer, a spokesman for the Iowa attorney general's office, said attorneys were reviewing the ruling and considering whether to appeal.

An appeal could include asking the three-member 8th Circuit panel for clarification on issues or could seek consideration by the full 8th Circuit Court. The ruling also could be appealed to the U.S. Supreme Court.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government
KEYWORDS: christianity; iowa; prison
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1 posted on 12/03/2007 11:42:59 PM PST by Fitzcarraldo
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To: Fitzcarraldo

First, there is no separation of church and state conflict here. Second, if we’re going to ditch a program with a tiny recidivism rate because it makes the ACLU feel sad, we don’t deserve to survive as a Republic.


2 posted on 12/03/2007 11:51:54 PM PST by Mr. Silverback (Support Scouting: Raising boys to be strong men and politically incorrect at the same time.)
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To: Fitzcarraldo
Americans United For Separation of Church and State, which brought the lawsuit, said the ruling would have major implications for the Bush administration's policies of allowing faith-based groups to offer services to government institutions.

Got that? Anything that has anything to do with Bush is BAD! If this policy actually HELPS, it's still BAD!

Folks, we gotta take our Country back. These people are nuts.

3 posted on 12/04/2007 12:05:08 AM PST by Just Lori (There is nothing democrat-"ic" about democrats.)
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To: Mr. Silverback
Time for Barry boy to ..... after which he should be throughly cremated and his ashes buried in an active volcano located............
4 posted on 12/04/2007 12:05:15 AM PST by OKIEDOC (Kalifornia, a red state wannabe. I don't take Ex Lax I just read the New York Times.)
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To: Fitzcarraldo
cannot fund an evangelical Christian prison ministry program because doing so advances or endorses religion

Fine! Throw all those korans at Gitmo in the ocean. No more federally funded prayer beads or rugs either. I keep hearing about the spread of islam stemming from our prisons. Will that program must end as well.

5 posted on 12/04/2007 12:21:59 AM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Just Lori
the Bush administration's policies of allowing faith-based groups to offer services to government institutions.

I was hearing about prison ministries LONG before I ever heard of George W. Bush.

What a load of bullmurtha.

6 posted on 12/04/2007 12:23:40 AM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Mr. Silverback
First, there is no separation of church and state conflict here

Huh?

From the article:

"...must repay about $160,000 to the state for money received between June 2006 and June 2007..."

"The 24-hour a day, seven-day a week program at Newton immerses inmates in evangelical Christianity."

That's money received from the government used directly to evangelize inmates. How can this be anything other than a clear conflict?

Indeed, the director of the program was pleased with the ruling, since it clarified what is and isn't permissible, and since they are now fully funded from private sources, so long as the program is not compulsory or tied in with some other prison privileges, then there is nothing for them to worry about.

Muslim prison programs also claim to have turned around the lives of prisoners, and I don't doubt they have help some inmates. Do we want the state funding their efforts too when they apply for funding?

Sounds like a good result all round to me.

7 posted on 12/04/2007 12:28:44 AM PST by tyke
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To: Fitzcarraldo

Mr. Lynn, for the moment, has won the right to deprive prisoners of a voluntary program that works. He wants the government to directly interfere in prisoners’ religious choices. This so-called reverend has no Christian love for those who need it most.


8 posted on 12/04/2007 12:36:31 AM PST by skr (How majestic is Thy Name, O Lord, and how mighty are Thy Works!)
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To: Fitzcarraldo

After reading this, I’m about THIS —>||<— close to changing my academic plans and going into pre-law.


9 posted on 12/04/2007 1:56:37 AM PST by Silvatti
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To: Fitzcarraldo

There is a problem here. The “state” is not synonymous with “the people”.

I would venture a guess that most who are in prison are not there because of crimes against “the state”, but they are there because of crimes against “the people”.

The ONLY reason for “The state” is to represent and protect “The people”.

A person who reads and understands this knows we are seeing here tyranny in progress.


10 posted on 12/04/2007 2:05:38 AM PST by djf (Send Fred some bread! Not a whole loaf, a slice or two will do!)
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To: Just A Nobody
cannot fund an evangelical Christian prison ministry program because doing so advances or endorses religion...
Fine! Throw all those korans at Gitmo in the ocean.

You took the thoughts right out of my head.


11 posted on 12/04/2007 3:15:06 AM PST by SkyPilot
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To: Fitzcarraldo
A federal appeals court ruled Monday that the state of Iowa cannot fund an evangelical Christian prison ministry program because doing so advances or endorses religion, violating the Constitutional separation of church and state.

Again, as many will say, there is no Constitutional separation of church and state. The only restrictions in the Constitution are on Congress: it's not to pass a law respecting an establishment of religion (ie, what is commonly known as a religious group or sect) or to prohibit the free exercise of religion. All the rest is opportunistic filagrees designed to make it mean the opposite of what it actually does mean.
12 posted on 12/04/2007 3:57:34 AM PST by aruanan
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To: OKIEDOC

When Barry dies, he will think he is in a volcano, or wish it was just a volcano.

I’m surprised this article didnt refer to him as “Rev” Barry Lynn as others do. It makes him more credible to the anti Christian media to have this fake minister working to destroy Christianity. Their goal is not seperation of church and state, but rather the elimnation of the church in the state. Nothing less.

Judgement awaits, Barry. The gates of hell are waiting.


13 posted on 12/04/2007 4:04:06 AM PST by Bulldawg Fan (Victory is the last thing Murtha and his fellow Defeatists want.)
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To: Fitzcarraldo

America going, going gooooooone. Won’t be long now.


14 posted on 12/04/2007 4:17:25 AM PST by JamesA
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To: Just A Nobody
"Fine! Throw all those korans at Gitmo in the ocean. No more federally funded prayer beads or rugs either. I keep hearing about the spread of islam stemming from our prisons. Will that program must end as well."

HEAR!!
HEAR!!

NO MORE FOOTBATHS AT AIRPORTS AND OTHER PUBLIC PLACES EITHER!!!

15 posted on 12/04/2007 5:53:37 AM PST by Sir Hailstone (Target Acquired: Indiana's 7th Congressional District)
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To: SkyPilot

Great pic! I’ve added it to my collection.


16 posted on 12/04/2007 6:19:09 AM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: OKIEDOC

I agree Barry Lynn and Mike Newdow both could use a dirt nap from natural causes of course..


17 posted on 12/04/2007 6:21:25 AM PST by ohioman
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To: Bulldawg Fan
Their goal is not seperation of church and state, but rather the elimnation of the church in the state. Nothing less.

You are correct.....

27) Infiltrate the churches.....

18 posted on 12/04/2007 6:25:36 AM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Sir Hailstone
NO MORE FOOTBATHS AT AIRPORTS AND OTHER PUBLIC PLACES EITHER!!!

Or specially built prayer rooms at Quantico.

19 posted on 12/04/2007 6:27:05 AM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Just A Nobody
Fine! Throw all those korans at Gitmo in the ocean. No more federally funded prayer beads or rugs either.

I have no problem with this. I'm an atheist myself and I don't want my tax dollars used to spread Christianity. Make me do so and you might as well call my tax dollars jizya, the majority taxing the minority to pay for the propagation of it's own religion. If they want to privately fund the program, be my guest. But this program is unconstitutional not just on church/state grounds but also because the Constitution does not give the fed the authority to fund such a program.
20 posted on 12/04/2007 6:48:35 AM PST by Raymann
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