A judge denied a Virginia prisoner's request for kosher
meals, declaring unconstitutional part of a federal law that dictates how
governments should treat the religious rights of inmates.
Senior U.S. District Judge James Turk ruled Jan. 24 that requiring prison
officials to provide Ira Madison, 32, with kosher meals would place the right
to religious freedom above other civil rights.
For example, Turk wrote, under the law a white
supremacist would have a better chance keeping racist literature in prison if
he declared it part of his religion instead of his right to free expression.
Madison's attorney, Richard Menard of Washington, D.C., said he plans to appeal
Turk's ruling to the 4th U.S. Circuit Court of Appeals in Richmond.
Elliot Mincberg with People for the American Way said his organization would
support an appeal.
"What we're talking about here is not granting preference to religion, but
trying to remove the burdens on religions that are placed by government
agencies," Mincberg said.
The law that took effect in 2000 prohibits prison officials from refusing
inmates the ability to exercise religion, unless they can show a compelling
reason.
Madison, a Hebrew Israelite serving time in the Buckingham Correctional Center
for cocaine possession, filed a lawsuit in 2001 because his request for a
kosher diet was denied.
State authorities questioned the sincerity of Madison's belief, arguing that
while in prison he had first expressed interest in Protestantism.
Menard, however, said Madison "seems to be quite sincere in his religious
beliefs."
Hebrew Israelites, as they call themselves, are a group of American blacks who
regard themselves as the true descendants of the biblical tribe of Judah.