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Judge: SD prison tobacco ban substantially burdens Native American inmates’ religious rights

19 Sep 2012 11:11 PM | Liudmyla Mozgova (Administrator)
A federal judge ruled Wednesday that the South Dakota prison system’s ban on tobacco in religious ceremonies substantially burdens Native American inmates’ religious rights. Chief Judge Karen Schreier ruled that even if state officials had asserted a compelling governmental interest, they did not prove that the complete ban was the least restrictive means available to further that governmental interest. Schreier said in her ruling that inmates and officials should meet and propose an appropriate, narrowly tailored injunction, which should include revisions to the tobacco policy for inmates practicing the Lakota religion. She cited cases involving prisons in Missouri, Texas and Pennsylvania that allowed their inmates to use tobacco for religious purposes in ceremonies. Washington Post - Legal. Read More.

 

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