- Oct 17, 2011
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Charleston, WV — In a sweeping 60-page decision issued yesterday, a federal judge ruled in favor of Andrew Miller, an atheist and Secular Humanist, who has been forced to participate in religious substance abuse treatment activities as a condition for his parole.
Miller has been interviewed three times by the West Virginia Parole Board Panel and was denied parole each time. The lawsuit alleges, and the state does not dispute, that his failure to complete the pervasively religious RSAT program contributed significantly to the Board’s decision to deny him parole.
In the opinion granting the preliminary injunction, Judge Goodwin denied West Virginia’s motion to dismiss the lawsuit, finding that all of Andrew’s claims were “likely—if not inevitable” to succeed on the merits. Goodwin highlighted the “undeniably religious nature of the program,” including pervasive religious content in the course material, mandatory prayers during meetings, and a chapter that “tells atheists and agnostics they are ‘doomed to an alcoholic death’ unless they ‘seek Him.’”
Miller has been interviewed three times by the West Virginia Parole Board Panel and was denied parole each time. The lawsuit alleges, and the state does not dispute, that his failure to complete the pervasively religious RSAT program contributed significantly to the Board’s decision to deny him parole.
In the opinion granting the preliminary injunction, Judge Goodwin denied West Virginia’s motion to dismiss the lawsuit, finding that all of Andrew’s claims were “likely—if not inevitable” to succeed on the merits. Goodwin highlighted the “undeniably religious nature of the program,” including pervasive religious content in the course material, mandatory prayers during meetings, and a chapter that “tells atheists and agnostics they are ‘doomed to an alcoholic death’ unless they ‘seek Him.’”
