Green Haven Preparative Meeting, et al. v. New York State Department of Corrections and Community Supervision, et al.
AdministrativeLaw SocialSecurity FirstAmendment DueProcess Immigration JusticiabilityDoctri
Does the standing of a religious organization to protect the fundamental practices of its faith from being abridged by the state cease at the prison walls?
QUESTIONS PRESENTED 1. Does the standing of a religious organization to protect the fundamental practices of its faith from being abridged by the state cease at the prison walls? 2. What is the proper standard for adjudicating the First Amendment “free exercise” of religion rights of religious organizations, ministers and other nonincarcerated religionists in the prison setting where the religion has practiced an active prison ministry since before the founding of the nation and has conducted religious services in the affected prison for over 40 years without incident? 3. Does the requirement that state action cause a “substantial burden” to the claimant’s religious practice empower a court to determine that the connection between the action and the burden is too attenuated to constitute a “constitutional substantial burden”? 4. As a matter of statutory construction, does a long-established prison church, which is subject to the jurisdiction and oversight of supervisory organizations in the faith (1) constitute “a person residing in or confined to an institution” as that phrase is used in Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc-1(a), and (2) constitute a “prisoner” for purposes of the Prison Litigation Reform Act, 42 USC § 1997e?