Judge Rules in Favor of American Taliban Fighter: Allowed to Pray in Congregation in Prison

on Saturday, January 12, 2013

On Friday, Federal Judge Jane Magnus-Stinson ruled that an American who was convicted of fighting with the Taliban should be allowed to pray in congregation everyday within the premises of the high security prison. John Walker Lindh joined a suit initiated by two other prisoners against the prison authorities, arguing that not allowing him to pray violated a federal law that disallowed the government from limiting religious speech without showing a compelling interest.

Although the court accepted the argument that such arrangements for daily prayers five times a day were only possible in cases where security was not a concern, they said that the government had failed to prove that allowing prisoners to leave their cells to pray was causing a reasonable security concern. Other inmates were permitted to pray in congregation on special religious events, and no incidents of trouble had ever been reported.

The losing party intends to appeal the decision, claiming that Judge Magnus-Stinson’s verdict would have a massive impact on prison security all over America. Joe Hogsett, the legal representative of the prison facility argued, “This case deals with critically important issues that have significance both inside and outside the walls of our federal prison facilities. Our concern continues to be the safety and security of both our federal prison system and the United States of America.”

Lindh argued that Islam requires him to pray five times a day in congregation, and the prison’s ban was interfering with his right to practice his religion freely. Praying alone in his cell, he argued, was not permitted according to the school of Islam that he adheres to. Although officials from the prison facility said that such a verdict would have to be extended to all prisoners, the court was not in favor of curtailing the right of prisoners to practice their religion. One of the arguments brought forward by the state in the trial was that Muslim inmates use religion as a cover to carry out gang-like activities. The court rejected this plea on a lack of evidence.

Even though people in prisons in the United States do not have all rights guaranteed by the constitution, they are guaranteed a number of rights by the Constitution as well as federal and state laws. Judge Mangus-Stinson’s verdict is not the first protecting the religious freedom of convicts in the United States. In Mayweathers v. Newland, the court sought an injunction to stop a corrections facility from disciplining a Muslim inmate who missed work because he was attending Friday prayers.



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