The Justice Department announced today that it has secured an agreement with the North Carolina Department of Adult Correction (NCDAC) to expand opportunities for group religious practice throughout the state prison system and allow access to kosher-for-Passover meals and Seders. The agreement resolves the Justice Department’s investigation of NCDAC pursuant to the Religious Land Use and Institutionalized Persons Act (RLUIPA).
“The Constitution and federal law guarantee all Americans the freedom to practice their religion, including people who are incarcerated in jails and prisons,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will protect the religious practices of incarcerated people across North Carolina by allowing members of minority faiths to gather, worship, and study. Whether at home with their families, in houses of worship, or behind bars, every person should be able to celebrate religious holidays and gather with their communities of faith.”
“Federal law guarantees all Americans the right to freely exercise their religion, and institutionalized persons have the right to practice their faith and worship together,” said U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. “We are committed to protecting this fundamental right and are grateful to the North Carolina Department of Adult Correction for its willingness to work with us and revise its policies to protect the religious rights of individuals in its custody.”
“The settlement agreement reaffirms that all individuals in custody retain the right to practice their religion fully and openly during their incarceration,” said U.S. Attorney Dena J. King for the Western District of North Carolina. “It is our duty to ensure that incarcerated persons are afforded the same religious rights, freedoms, and protections as any other citizen. My office is committed to enforcing these rights and ensuring that they are upheld within all correctional facilities in North Carolina.”
“Our Constitution protects the religious liberty of all people to exercise their faith,” said U.S. Attorney Michael Easley for the Eastern District of North Carolina. “In America, that means even those who are incarcerated can continue to worship and pray. NCDAC’s new policies ensure that believers can maintain their faith and religious practices, even after they enter through jailhouse doors.”
Under the agreement, NCDAC has adopted a policy that reduces the minimum number of people required for group worship to two and no longer requires a faith helper's presence for religious gatherings. Previously, NCDAC had minimum participant requirements for congregate religious practices by “minority faith groups” that often prevented these groups from gathering for worship, celebration, or study. Minority faith groups were defined as non-Christian faiths, including adherents of Islam or Judaism.
Additionally, when the department began its investigation, NCDAC did not provide certified kosher-for-Passover food for incarcerated people wishing to observe Passover. The agreement now requires NCDAC provide certified kosher-for-Passover meals annually for Passover's eight days. Furthermore, NCDAC will offer opportunities for participants observing Passover to partake in two Seder ritual observances.
For additional information about the Civil Rights Division and Special Litigation Section please visit www.justice.gov/crt/special-litigation-section.
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