Having been a participant in ministry to prisoners over the State of Georgia for well over fifteen years, first as a church pastor, and later as a chaplain with the Georgia Association of Chiefs of Police and with the Dekalb County Sheriff's Department in metropolitan Atlanta for a number of years, we have had the priviledge to counsel individually and collectively up to a dozen inmates; and to conduct Bible studies, preaching services; along with outreach to the family members of inmates whereby a number of them have come to know Jesus as their personal Saviour and Lord; and thereby to know the comfort of sins forgiven and the assurance of a new life in prison; as well the prospective of an improved lifestyle as they were released to be with their families once again in the outside world.

But now we are entering "the times that try men's souls" as the law of the land is being challenged through our ever-powerful judicial system.

In Cincinnati, the federal appeals court has ruled against the law that protects the ability of prisoners to practice their faith while behind bars. In the case of Cutter v. Wilkinson, a panel of judges has ruled the Religious Land Use and Institutionalized Persons Act (RLUIPA) provided an endorsement of religion by the government, violating the establishment clause of the first amendment. The court determined that "by enacting RLUIPA, Congress had advanced religion by giving prisoners a preferred status in the prison system."

The court declared that accommodating the prison inmates' religious practices is an endorsement of those very religions. This, of course, is not true, and without merit.

Prison inmates are unable to have available to them religious services and literature without authorization and aide of the prison officials. Some prison authorities declare that "a man alone in his cell can worship God, and that is all the accommodation we need to provide."

This is not the case for Christian inmates because Christians are called by God to a corporate worship, as such, "where two or three are gathered together in my Name, there am I in the midst of them," and when authorities preclude inmates from gathering together as the body of Christ to worship the Lord and to learn his teachings, they are invading the God-given rights of those prisoners. It is those rights that were recognized, and not granted, in the first amendment to the Constitution of the United States.

Justice Fellowship (a subsidiary of Prison Fellowship Ministries, begun by Chuck Colson), of which Mr. Pat Nolan is president, perservered to pass RLUIPA, for the very reason that prisoners could obtain religious literature and services. The ruling of the Cincinnati court is a great set back in this regard. Numerous officials in the prison system are truly in support of the religious programs operating in the system.

However, there are those who see it as an added work factor, and quite often object to the service of prison chaplains and those volunteer workers from the local community. With regard to the RLUIPA bill, it was obvious from the outset that this element of prison authorities would work to disallow the good efforts of RLUIPA.

Thankfully, a positive position has been taken by the Seventh and Ninth Circuit courts with regard to the bill which will almost certainly take this case to the Supreme Court.

The loss of religious privilege will adversely affect the inmates of our prison system and will be detrimental to the efforts against recidivism of our entire prison population; which will contribute to higher rates of crime and incarceration for those prisoners.

Justice Fellowship believes that prisoners' rights to practice their faiths can be protected while maintaining prison safety and security. As a chaplain in the prison system of the State of Georgia, we say a hearty Amen! to that position. Let us join together in prayer to the Lord for His intervention in the affairs of our prison system, and of this great country at large.

These indeed are "the times that try men's souls." But, praise God, it is true that "we are more than conquerors through Him that loved us" (Romans 8:37).

By His grace,
Dr. Paul E. Bellino