Court Rejects 1st Amendment Challenge To Sex Offender Treatment

In Schnitzler v. Reisch, 2007 U.S. Dist. LEXIS 72938 (D SD, Sept. 28, 2007), a south Dakota federal court rejected a claim by a prison inmate that his required participation in a group sex offender program violated his religious beliefs by requiring him to engage in explicit sexual discussions and to view sexual images. The court held that "plaintiff's religious beliefs and the right to the free exercise of religion under the First Amendment do not prevent him from being required to fully participate in a purely sectarian sex offender treatment program. The government and the public have a 'vital' interest in full and meaningful participation and rehabilitation by convicted sex offenders in such programs." The court also construed plaintiff's complaint as raising a RLUIPA claim and ordered defendants to respond to that allegation.