Church-or-Jail Program for First-Time Misdemeanor Offenders Put on Hold for Legal Review
An Alabama city’s plan to offer first-time misdemeanor offenders a choice between going to church and going to jail has been put on hold while officials look into the legality of it.
Bay Minette, Ala., Mayor Jamie Tillery told ABC News that the program would not begin until the Alabama Attorney General’s office has had a chance to review it.
American Civil Liberties Union says the program would violate the anti-coercion clause of the First Amendment, which prohibits the government from becoming entangled in core religious exercise, including church attendance.
Under the program, first-time misdemeanor offenders would be offered a “menu” of alternatives to incarceration, including attending church once a week for a year and answering questions about the services.
But ACLU lawyer Heather Weaver said both state and federal courts have ruled that government officials can’t make going to church or participating in religious activities part of an offender’s probation, parole or sentence. “The government may not serve as a conduit for church recruitment,” she said.
If the city decides to go ahead with the program, Weaver said, the ACLU may pursue litigation to stop it.
