ACLU: Alabama’s Ban on Sex-Offender Camps Violates Religious Freedom

ACLU

The American Civil Liberties Union said that Alabama’s new law to ban a church-affiliated camp for convicted sex offenders violates the provisions of a constitutional amendment designed to protect the state’s religious liberties.

Pastor Ricky Martin, who also serves as a volunteer prison chaplain, founded Triumph Church in Chilton County, so convicted sex offenders could live there, as it was extremely difficult for them to find suitable accommodation upon release. Martin said he was trying to abide by the biblical advice of helping outcasts when his church-affiliated camp started accepting former inmates in 2010. Reportedly, he ensured that the chosen campsite was far away from schools, parks and any other place that may be frequented by children.

“It's against my constitutional rights. This is a state coming against a ministry… You know what Jesus said? ‘When you help the least of these you help me.’ No one else will help these people,” said Martin.

While speaking to the press, Martin pointed out that none of inmates who moved into his camp has committed such crimes since. Most of the 50 men who lived at the camp are from surrounding counties and other states and each of them has been homeless since the law was put to effect on July 3rd.

Randall Marshall, legal director of ACLU, said that the new law is not in tandem with the Alabama Religious Freedom Amendment, which was passed in 1998 to protect the state’s religious liberties. According to Marshall, the amendment implies that laws can limit religion only if there is a compelling government interest.

“Martin has sincerely held religious beliefs that he's acting upon and now you've got the government prohibiting him from doing something that he considers part of his religion,” Marshall said.

Most residents of Chilton County have expressed relief since the law was put to effect. Republican Kurt Wallace, who sponsored the bill, said the law intends to secure the public from those who have been convicted of child molestation, rape and other crimes.

“No religion is being disenfranchised. He can practice any religion he wants, but he can't recruit sex offenders to our community. That's just crazy… I don't know what they're doing, just walking around trying to find a place to sleep,” said Wallace.

The law, which was apparently proposed with Martin’s refuge in mind, disallows two convicted sex offenders from living within 300 feet of each other on the same property unless they are married. However, the law does include a provision to allow a counseling center to be opened in Chilton County. Like other states, Alabama too, is strict about the locations where sex offenders can live. In fact, they also determine where sex offenders can work or hang out.Theoretically, inmates convicted for sex crimes are expected to inform prison authorities about where they will live upon release and county jails are expected to keep them until they have a legal address.

Martin has not sued to block the law yet but he said he might have to do that to ensure his neighborhood is safe.

Photo Credit: ACLU

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