In Schmitt v. Robertus, (8th Cir., Aug. 14, 2025), the U.S. 8th Circuit Court of Appeals in a 2-1 decision held that Minnesota prison officials likely violated the 1st Amendment in refusing to allow plaintiff, a volunteer, to teach a program titled The Quest for Authentic Manhood at the Minnesota Correctional Facility. The program defines manhood through a Christian biblical lens. Officials rejected the program as violating the prison's diversity, equity and inclusivity values, saying in part:
Throughout all sessions reviewed, men were only identified as heterosexual, seeking ideal relationships and marriage with women. It is evident that throughout this curriculum, manhood can only be achieved through heterosexual relationships.
Additionally, throughout many of the sessions, women are also identified as the problem for creating “soft males[,”] described as indecisive and weak....
The 8th Circuit focused on the test in prison cases announced by the Supreme Court in Turner v. Safley. Under that test prison regulations must have a valid rational connection to a legitimate governmental interest. The 8th Circuit said in part:
The first Turner factor, however, requires more than a legitimate penological interest. “[T]he governmental objective must be a legitimate and neutral one.”... “This means that the proffered mechanism by which the regulation promotes the legitimate government interest must be ‘unrelated to the suppression of expression.’” ...
Here, although the MDOC set forth a legitimate government interest, its termination of Quest was not “in a neutral fashion, without regard to the content of the expression.”...
Judge Kelly dissented, saying in part:
As I see it, it is common sense that a prison, like a school, can curate the programming it provides. ...
It thus seems natural to me to conclude that MDOC’s rehabilitative programming constitutes government speech, casting doubt on Schmitt’s free-speech and free-exercise claims....
