Jailhouse Islamophobia: Anti-Muslim Discrimination in American Prisons |
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Authors: | Kenneth L Marcus |
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Institution: | (1) Bernard M. Baruch College School of Public Affairs, The City University of New York, 43328 Crystal Lake Street, Leesburg, VA 20176, USA |
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Abstract: | The post 9/11 surge in America’s Muslim prison population has stirred deep-seated fears, including the specter that American
prisons will become a breeding system for “radicalized Islam.” With these fears have come restraints on Muslim religious expression.
Mistreatment of Muslim prisoners violates the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which
Congress passed in part to protect prisoners from religious discrimination. Despite RLUIPA, prisoners still face the same
challenge that preceded the legislation. Ironically, while Congress directed courts to apply strict scrutiny to these cases,
the courts continue to reject most claims. One reason is that many courts are applying a diluted form of the legal standard.
Indeed, the “war on terror” has justified increasing deference to prison administration to the detriment of incarcerated Muslims
and religious freedom.
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Keywords: | Islamophobia Muslims Prisoners’ rights Religious freedom Religious discrimination Religious Land Use and Incarcerated Persons Act |
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