December 12, 2005

No Religious Coercion By Courts

While I am unapologetically Christian -- in fact, because I am unapologetically Christian -- I think that the Detroit News gets this one exactly right.

A Catholic man convicted of a minor drug charge says he faced a choice that the U.S. Constitution simply does not allow: Convert to another faith or go to jail. The disturbing allegations about a Pentecostal-based drug rehabilitation program in Flint should serve as a reminder to judges not to force offenders to attend programs run by faith-based groups that proselytize their captive audience.

The American Civil Liberties Union of Michigan has filed a federal lawsuit on behalf of Joseph Hanas, 23, who was punished for not completing a residential program at the Inner City Christian Outreach Center. A Genesee County Circuit judge had sentenced Hanas to a year in the center for possession of marijuana with intent to deliver. The charges could have been dismissed if he completed the program. Instead, after seven weeks, Hanas asked the court for placement in a secular program, but was denied. Judge Robert Ransom sentenced him to jail for three months and then to boot camp.

Hanas said Inner City staff called Catholicism witchcraft, took away his rosary and prayer book and required seven hours of daily Bible study. In an interview with a Free Press reporter, Dwight Richard Rottiers, the pastor at Inner City, acknowledged that Hanas was told he had to attend Inner City services and was not allowed to attend Catholic services.

No judge should force anyone to choose between exercising a constitutional right and jail.

This seems like a rather clear miscarriage of justice -- a sentence to forced religious indoctrination. I've read elsewhere that the judge knew nothing of the program at the time of the sentence, though he now says he would not sentence someone to the program if he were still hearing cases (he has retired).

The ACLU is exactly right on this one -- dismiss the conviction. It is the only right thing to do.

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