Harmony Behind Bars

Abstract

As prison populations swell across the country, lawmakers and prison officials must face difficult questions concerning how to accommodate growing numbers of inmates. Aside from where to house them and what kind of medical care to provide, decision makers must also consider the constitutional rights of prisoners to practice their religion behind bars as guaranteed under the First Amendment. This is no simple task, however. Native American spirituality comes in many forms, ranging from traditional ceremonies such as the Sun Dance to organizations modeled after Christian sects. But which ceremonies and practices are permissible for Native Americans to practice behind bars remains unclear. Courts have applied various tests to balance these interests with the security concerns of individual prisons, leaving many Native prisoners without a spiritual outlet, which is neither constitutional nor constructive. This article assesses the health of Native American spirituality in prison and reports its well-being in various jurisdictions.