Montplelier, USA - A national religious rights group says a lawsuit is likely if Vermont does not change or drop a new policy on religious practices by prison inmates.
"In our opinion, implementation of Directive 380.01 in Vermont's prisons would result in the violation of a number of federal constitutional and statutory provisions, as well as Vermont's own constitutional protection of religious exercise," Lori Windham, legal counsel at the Becket Fund, said in a letter to Corrections Commissioner Rob Hofmann.
Hofmann, who said he called Windham on Friday, said he had already moved to relax some of the provisions in the new rules.
The American Civil Liberties Union also has weighed in, saying the new directive "may unconstitutionally limit inmates' right of free exercise of religion."
The groups said they were worried about several provisions, among them a proposed one-year waiting period before inmates could change their religious registration. There's fear the provision could interfere with inmates' ability to exercise a faith they come to suddenly.
Hofmann said, "What we are trying to do is balance security concerns with religious liberty."
One revision already decided on, he said, would allow inmates to attend services even if they weren't registered as a member of the organization sponsoring the service.
"On all the changes so far, the change has been in favor of relaxing the directive," Hofmann said.
The rules cover subjects ranging from the dimensions of prayer rugs to when inmates can and can't wear religiously oriented headgear.
Satnam Singh, 47, a Sikh inmate on exchange from Florida at Northwest State Correctional Facility in St. Albans, said that he had generally been well treated by Corrections Department staff. But he said he worried about a new rule that would bar him from wearing his turban in the prison's visiting area.
"Not having my turban is like being naked," he said. He had asked for a transfer from Florida because of that prison system's plan to cut his hair. Sikhs don't cut their hair.
Windham said a restriction on "individual demonstrative prayer" had not been well defined, but could ban something as benign as an inmate bowing his head to pray before meals.
Hofmann said Corrections officials were looking at that concern. "We haven't made a final decision on that point," Hofmann said. "I want to hear the security concerns."