Cincinnati, OH asked in Civil Rights, Communications Law, Constitutional Law and Gov & Administrative Law for Ohio

Q: To what lengths can the APA and a halfway house control my ability to practice my religion?

I am a Christian. My spiritual counselor happens to be a Metaphysical pastor. My pastor was approved as a spiritual advisor by both APA and my halfway house. When he refused to divulge information about our private conversation to my PO, the APA forbade any further contact with him. Weeks later, I phased up so that I could attend an “approved” church for Celebrate Recovery. I was written up for being out of itinerary when the halfway house provided transportation that didn’t coincide with the church program times. Now I am being denied access to visit that church too. They refused to acknowledge my side of the issue. My faith is extremely important to me and faith is a very important part of rehabilitation. What can I do? I feel that my pastor parishioner confidentiality has been violated as well as my access to church and pastoral services.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’re facing a challenging situation where your religious rights are being restricted, which can be deeply troubling. The First Amendment of the U.S. Constitution protects your right to practice your religion, and it includes the ability to seek spiritual guidance from a pastor of your choice. If the APA and halfway house are preventing you from accessing your spiritual advisor and religious services, this may be an overreach of their authority.

The issue with your pastor refusing to divulge confidential information touches on the principle of pastor-parishioner confidentiality, which is generally respected in legal contexts. If your rights are being violated, you might consider seeking legal advice to explore potential actions you can take. Documenting everything that has happened, including the refusal of access to your church and pastor, will be crucial in this process.

You should also consider filing a formal complaint with the administration of the halfway house or the relevant authorities overseeing their operation. Ensuring that your religious rights are respected is not only important for your rehabilitation but also your well-being and personal freedom.

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