On appeal from a Final Agency Decision of the New Jersey Department of Corrections.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Payne and Sapp-Peterson.
Edward Walker, a Roman Catholic of Irish ancestry, imprisoned at the Adult Diagnostic and Treatment Center (ADTC), has challenged various decisions and practices at the institution, principally, the provision of religious broadcasting supplied by the Three Angels Broadcasting Network (3ABN), a Seventh Day Adventist organization, on two channels of the ADTC's in-house cable network and the use of religious-themed materials in its sex offender treatment programs. Additionally he has challenged the denial by the ADTC of his request to hold a dinner honoring Catholic volunteers at the institution. Walker's challenges were rejected by the ADTC, and he has appealed.
On appeal, Walker presents the following arguments:
POINT I - Actions of DOC Serve to Establish
Religion in Violation of the Federal and State Constitutions.
A. State May Not Act With the Purpose or Effect of Advancing or Inhibiting Religion or in a Manner that Creates Government Entanglement with Religion.
B. Turner Test Either Inapplicable Or Subsumes the Establishment Clause Analysis.
C. DOC's Endorsement of a Particular Religious Sect Over Other Religions and Non-Religion Violates the Establishment Clause.
POINT II - State Action Complained of Violates the Equal Protection Clause of the State and Federal Constitution.
A. The Equal Protection Clause of the 14th Amendment of the Federal Constitution Bars State Actions That Favor One Religion Over Another or Religion Over Non-Religion.
B. Equal Protection, Under the New Jersey State Constitution, Bars State Actions That Favor One Religion Over Another or Religion Over Non-Religion.
POINT III - State Promotion of Seventh-day Adventism Including Material Insulting of and Inflammatory to Roman Catholics Violates the New Jersey Law Against Discrimination.
POINT IV - Actions of DOC Officials Denied Appellant His Right To Free Exercise of Religion Under the Free Exercise Clause.
A. DOC Actions Denying Accommodations to Catholic Practices Violates Free Exercise of Religion.
B. DOC Actions Denying Accommodations to Catholic Practices ...