Part I will lay the foundation for the constitutional right to freedom of religion in the United States. It will explain how the Framers understood the right in the lead up to, and at the time of, the ratification of the Free Exercise Clause as part of the Bill of Rights. Part I will also address more modern advances in religious liberty protections for prisoners before discussing two recent milestones: the Religious Land Use and Institutionalized Persons Act and the Supreme Court’s decision in Holt v. Hobbs. Part II addresses the right to freedom of religion internationally. It begins by considering the international right to religious freedom under the Universal Declaration of Human Rights and the European Convention on Human Rights and then discusses recent case precedents in the European Court of Human Rights. Finally, Part III offers conclusions and recommendations regarding how the right ought to be interpreted and applied both domestically and internationally for the better protection of a prisoner’s right to a preacher and a place to worship. This includes both jurisprudentially in emerging cases such as Holt v. Hobbs II and in the context of international policy through means such as the U.S. State Department’s new Commission on Unalienable Rights.
Daniel T. Judge,
A Different Kind of Prisoner's Dilemma: The Right to the Free Exercise of Religion for Incarcerated Persons,
Notre Dame L. Rev.
Available at: https://scholarship.law.nd.edu/ndlr/vol95/iss5/10