A Devotee's Day in Court

By Jana Janmadi dasa

On July 11, 2006, I participated in oral arguments in the Texas First Court of Appeals (Houston), Case 01-04- 00820-CV. This was an appeal proceeding the lawsuit I filed based on the relatively new Texas Religious Freedom Restoration Act (TRFRA), V.T.C.A. Civil Practice & Remedies Code @110.001 et sequentes.

The TRFRA prohibits the government from making any law or rule that substantially burdens a person's free exercise of religion unless the law or rule is made to further a compelling government interest and is the least restrictive means to further that interest. Generalized security fears are not a compelling interest.

In September of 2000, I filed the lawsuit in the 12th District Court of Grimes County, Texas, Cause No. 28, 596, because:

1. Texas prison official only provide prisoners with a 1.75 cubic foot storage locker and require all nonelectrical personal property to be stored therein;

2. In that locker I cannot store my personal library of religious books which I need to study, and prison officials refused to provide to me or allow me to provide for myself, additional storage lockers for my religious books; and

3. Prison officials would not provide me with access to any library containing the religious books which I need to study.

In support of my lawsuit, I filed affidavits from the Houston and Denver temple presidents, Prabu Candrasekhar, Sripad Bhakti Tirtha Swami, and expert witnesses such as Harvard Professor of Religion, Dr. Harvey Cox, and another Harvey Cox who wrote the U.S. Bureau of Prisons Classification Plan.

The Court of Appeals' three-judge panel showed, by their questions and comments, that they are favorable to the arguments I presented. The judges focused on the facts that:

1. The prison rules allow extra lockers for legal and educational materials, but not for religious materials; and

2. The prison system operates one unit as a "Christian" unit, and provides kosher meals to Jewish prisoners at eight units.

I expect the Court of Appeals will issue an opinion for publication in three to six months.

Devotees in Texas prisons should know that, during the past fifteen years, I have been successful, with the help of IPM, in getting the T.D.C.J. Chaplaincy Director to approve a lay-in (approved absence from work) for devotees to observe the following holy days:

1. Appearance of Lord Nityananda,
2. Gaura-purnima—appearance of Lord Chaitanya,
3. Rama Navami—appearance of Lord Rama,
4. Appearance of Lord Nrsimha,
5. Pandava Nirjala Ekadasi,
6. Janmastami—appearance of Lord Krishna,
7. Appearance of Srila Prabhupada,
8. Radhastami—appearance of Sri Radha, and
9. Disappearance of Srila Prabhupada.

Pandava Nirjala Ekadasi was just recently added to this list with the help of BTG editor Nagaraja Prabhu.

Texas prison rules do not allow prisoner–to-prisoner correspondence. If you need more details about these subjects, contact the volunteers at IPM.