The limitation placed on Mr. Burchett by the stipulated Agreement did not represent a substantial burden on the observation of a central religious belief or practice, and cannot be considered anything more than an inconvenience. Mr. Burchett could still attend church if he so desired; he merely had to seek permission before doing so.... The government has a compelling interest in making sure the community is protected from pedophile sex offenders.
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Tuesday, December 02, 2008
Limitation on Church Attendance Does Not Violate Parolee's Free Exercise Rights
In Burchett v. Bromps, 2008 U.S. Dist. LEXIS 96920 (ED WA, Nov. 20, 2008), a Washington federal district court rejected a free exercise challenge to the conditions of his community release brought by a pedophile sex offender. Donald Burchett, whose offense was committed at a church, was required to obtain permission of his parole officer in order to go within three blocks of a church. This specific requirement was imposed after the parole officer received a complaint from a pastor that Burchett was harassing a female member of the congregation. The court held: