Truly "Religious Liberty" for all!
An Ocean County judge has just shone after the Lakewood Police Department failed to do so, FAA News has learned.
An Orthodox Jewish man was arrested on a Friday afternoon in November 2023 by Officer J. Rusk, badge #388.
By the time the man was processed in the police station, it was already Shabbos.
During processing, officers attempted to take his fingerprints, as required pursuant to NJ Rev Stat § 53:1-15 (which requires law enforcement officers to immediately, upon the arrest of any person, take their fingerprints).
The man immediately told the officer that he could not use the electronic scanner due to his religious observance.
The officer didn't give him any accommodation. Instead he charged him in Superior Court with a violation of § 53:1-15.
Ocean County Criminal Division Judge David M. Fritch was not at all impressed by the charge and just tossed it right out.
In filing the charge, the Lakewood Police Department likely violated the Orthodox Jewish man's civil rights.
One of the protections of the U.S. Constitution is the right to free exercise of religion.
The 1987 case of Turner v. Safley found that "prison walls do not form a barrier separating prison inmates from the protections of the Constitution.”
Subsequently, in 2000, Congress responded to the above case ruling by passing the Religious Land Use and Institutionalized Persons Act (RLUIPA).
The RLUIPA prohibits prisons and institutions from "substantially burdening the religious exercise of its prisoners."
RLUIPA is to be construed broadly to provide the maximum protection permitted by the Constitution. This means that prison officials should be looking for ways to accommodate religious practices, not excuses to prohibit them.
The U.S. Supreme Court in Cutter v. Wilkinson upheld RLUIPA, finding that prisoners have their liberty curtailed to a great degree, so they are at the mercy of the government in their ability to practice their religion. Removing the burden on practicing religion is simply restoring the inmates’ religious liberty.
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