American Indian religion in the iron house: searching for ‘some accommodation’

Abstract

Religious freedom claims by American Indian prisoners are disfavored in law and policy more than most prisoner civil rights claims. This disfavor reflects the continuing influence of the cultural distance between traditional Indians and Christianity – a distance with an unfortunate history from the Indian point of view. The salutary effects of Christian religion within prisons have been assumed for as long as prisons have existed; this assumption is based upon scant evidence. Treating Indian religious expression as inferior to Christian religious expression within prisons is often allowed by law, but it is insupportable in policy without reference to the historical power relationship between Indians and the dominant culture. Indian spirituality, like Christianity, can engage prisoners in the moral discourse demanded by the tenets of restorative justice. Accommodation of Indian spirituality is as much in the public interest as accommodation of religion within prisons at all.

Keywords:

• American Indians
• religion in prisons
• prisoners' rights
• restorative justice
• chaplains
• faith‐based programs

Acknowledgments

The following persons informed this research in verbal and written communications. In alphabetical order with the exception of Little Rock Reed (R.I.P.), who was in a class by himself: Bob Gaucher, Paul McCold, Alex Montana, Hal Pepinsky, Jody Sundt, Rita Williams, and the anonymous referees assigned by this journal. I am grateful to them all.