Last week, the U.S. Court of Appeals for the Eleventh Circuit reversed a decision that permitted a local Sheriff to discriminate against a volunteer jailhouse minister because of his religious beliefs. The court’s decision in Jarrard v. Sheriff of Polk County held that the Sheriff and other jail officials may not punish Stephen Jarrard, a Church of Christ minister who shares his beliefs with inmates in jails and prisons across Georgia, simply because they disagree with his views.
Through his ministry, Jarrard shares God’s word and the Gospel with incarcerated people in Georgia, including his belief that baptism is necessary for salvation and must be performed by full immersion. Jarrard’s ministry included visits to Polk County Jail, which invites community members of all faiths to volunteer to minister to interested inmates.
But since 2016, Polk County jail officials have excluded Jarrard from that volunteer program, solely because the Sheriff of Polk County personally disagrees with Jarrard’s beliefs about baptism. In 2019, County Sheriff Johnny Moats told Jarrard in writing that his religious views were not welcome in the Jail’s ministry program because they contradict Moats’ own interpretation of the Bible and the Jail’s official “stance” that baptism can wait until after an inmate’s release because it is not necessary for salvation.
In January 2020, Jarrard sued County officials, challenging his discriminatory exclusion from the program under the First Amendment. The U.S. District Court for the Northern District of Georgia rejected Jarrard’s claim, finding that Jarrard’s religious expression was not entitled to any First Amendment protection because his volunteer ministry was essentially the County’s to control. The trial court allowed related claims by Ollie Morris, a former inmate whose request for baptism had been denied, to proceed. Morris and the jail officials have since settled his claims.
Jarrard appealed the district court’s rejection of his claim, represented by Notre Dame Law School’s Lindsay and Matt Moroun Religious Liberty Clinic, alongside Zack Greenamyre of Mitchell Shapiro Greenamyre & Funt, LLP and Gerald Weber of Law Offices of Gerry Weber, LLC.
On appeal, the Eleventh Circuit rejected the trial court’s decision. The appellate court held that Jarrard’s volunteer ministry is his own personal expression—not something Jail officials themselves created or commissioned. Those officials therefore could not tell Jarrard how to interpret the Bible or deprive Jarrard of his basic First Amendment rights, including the bedrock rule that the government may not punish a person because they dislike his views. The Court held that Jail officials’ exclusion of Jarrard based solely on their disagreement with his beliefs about baptism would violate this fundamental principle. The case will now be sent back to the district court to allow Jarrard’s claims to move forward.
“The First Amendment has helped make America what it is today,” said Jarrard. “I applaud the Eleventh Circuit judges for upholding and defending its protections, and I am humbled to share the Gospel with others and to work to bring them together in Christ.”
“The decision correctly holds that jailhouse officials may not punish a volunteer minister simply because they personally disagree with his beliefs. This is an important victory for Stephen—and for bedrock principles of our Constitution,” said John Meiser, director of the Clinic, who argued the appeal before the Eleventh Circuit. “Our Clinic is grateful to defend fundamental religious freedoms for all people and to represent those, like Stephen, who live out their faith in service to their communities.”
“Religious programming in Georgia jails and prisons is critical above and beyond what the Constitution demands,” explained Greenamyre. “Spiritual support, personal growth, connection with community, and the preservation of hope all make our communities better.”
“Jail officials should not pick and choose which faiths are preferred or allowed behind prison walls,” added Weber.
Students from the Clinic have been involved in every step of the appeal, from researching and drafting briefs to helping prepare for oral argument.
“Working on Stephen’s appeal has been a highlight of my time in law school,” said Alicia Armstrong, a third-year law student in the Clinic. “This victory provides wonderful motivation to continue working toward the same protections for other individuals facing religious discrimination.”
Jarrard’s appeal also earned support from leading First Amendment scholars and religious liberty organizations, including professors Michael McConnell (Stanford Law School), Eugene Volokh (UCLA School of Law), Richard Garnett (Notre Dame Law School), the Jewish Coalition for Religious Liberty, and the Religious Freedom Institute.
About the Notre Dame Law School Religious Liberty Clinic:
Notre Dame Law School’s Lindsay and Matt Moroun Religious Liberty Clinic represents individuals and organizations from all faith traditions to promote the freedom for people to hold religious beliefs but also their fundamental right to express those beliefs and to live according to them. Under the guidance of Notre Dame Law School faculty and staff, students in the Clinic work on a broad variety of legal matters to promote religious freedom on behalf of individuals and organizations of all beliefs. The Religious Liberty Clinic has participated in proceedings at all levels of federal and state courts, in administrative agencies, and before foreign courts and other governmental bodies around the world.
Learn more about the Lindsay and Matt Moroun Religious Liberty Clinic at religiousliberty.nd.edu/.
Originally published by at religiousliberty.nd.edu on September 26, 2024.
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