Melvin A. McCabe and Mark H. Madsen v. Arvon J. Arave, Warden, Idaho State Penitentiary Al Murphy, Director, Idaho State Department of Corrections

This case requires us to determine the constitutionality of regulations governing prisoners at the Idaho State Correctional Institution in Boise. We affirm the district court’s judgment in favor of the state on the issues of group worship and group study by Church Jesus Christ Christian (CJCC) close-custody inmates, but reverse it as to the ban on storage of CJCC literature in the chapel library. We also vacate the portion of the judgment that pertains to facial hair and pork-free diets.

I. Background

McCabe and Madsen, members of the CJCC, are close-custody inmates at the Idaho prison. They asked prison officials to allow them to hold congregational worship services and study classes with CJCC ministers. The prison chaplain requested information concerning the church and the Aryan Nation from McCabe. The chaplain was given only two documents. These were presented to the prison’s religious advisory council, composed of religious leaders in Boise, which recommended that the requests be denied.

Respondent Murphy, the Director of the Department of Corrections, visited the Hayden Lake compound where he spoke with Reverend Butler, the leader of both the CJCC and Aryan Nation. He…