CHRISTIAN SEPARATIST PRISONER LITIGATION

A trial date has been set for October in the case of Michael Dunham Murphy v. Missouri Department of Corrections (00-6134-CVSJ-4-P). Murphy is representing a class of prisoners who are seeking White Christian Separatist religious services in prison, and this case also argues certain censorship issues.

Murphy's struggle for religious services presents a tortured history beginning in 1983 when Murphy requested religious services at Missouri's Moberly prison. In those early years, Murphy was involved with the Church of Jesus Christ Christian/Aryan Nations. For his efforts he was locked down and shipped to the old maximum security prison in Jefferson City, the Missouri State Prison, then known as "the bloodiest 47 acres in America."

From there Mike filed litigation and won two legal victories that are still referenced in similar cases today: Murphy v. MDOC, 769 F.2d 502 (CA8 1985) (Murphy I), and Murphy v. MDOC, 814 F.2d 1252 (CA8 1987) (Murphy II). Murphy I was specifically the first victory for transfer and lockdown of White prisoners in retaliation for religious practice. Murphy II was a victory for freedom of speech against censorship in prisons. In the end, Murphy was released on parole and the issue of religious services was left unresolved when the court dismissed further litigation because Murphy was no longer in prison. (In hindsight, Murphy is now much more accomplished in law, and dismissal will not be an issue should he be paroled again).

Murphy is in prison for a second-degree murder, which in Missouri has a sentence of parole that can be violated at any time for the rest of his life. As is often the case in the corrupt condition of our present government, devious bastards are allowed to weasel their way out of their own crimes by framing or betraying others. One in particular named Johnny Davis got himself into trouble, and in exchange for his freedom worked with the government in manufacturing a firearms case against Murphy. As a result, Murphy was arrested and placed in federal prison. After a lengthy legal struggle Murphy reduced his sentence and was released back to Missouri where he was placed back in prison for this parole violation.

Five years ago, upon returning to the MDOC, Murphy refiled his complaint for religious services, this time as a Christian Separatist. While no longer Aryan Nations or Israel Identity, his Christian Separatist views still reflect similarities. Let us leave it at saying that Christian Separatism could be called "advanced Israel Identity," with a strong focus on the New Testament and translation. [For a clear definition, study the Anointed Standard Translation of the New Testament and Christian Separatist Catechism, prepared by the Christian Separatist Church Society: HBPH, PO Box 130, Kodak, TN 37764]

Murphy's original request for religious services was denied by the district court (a general practice in prisoner cases, but was remanded on appeal, in part Murphy v. MDOC, 372 F.3d 979 (CA8 2004) (Murphy III). The appeals decision, while allowing Murphy to proceed, was a horrid decision that, if left standing, begins an erosion process that may affect religious rights throughout the United States. You see, every religious practice case in the past has been founded upon the Constitutional standards of Establishment of Religion and Equal Protection, but in the case of Christian Separatist prisoners, these common standards were denied! All evidence, from White and Black prisoners, religious media and a plethora of court cases proving that Black Islamics are separatist, not just in principle but in fact, was denied as factual by the appeals court. Murphy's litigation has only survived because of the establishment of the RLUIPA (Religious Land Use and Incarcerated Persons Act), a bill written by Senator Orin Hatch and signed in by the Clinton administration. The RLUIPA created a broader standard of review, which allowed Murphy's case to stand.

This case also represents a battle between the RLUIPA (42 USC §2000cc) and the deferential Turner analysis. Generally Turner is used to evaluate the constitutionality of prison regulations (Turner v. Safley, 482 US 78 (1989)). The RLUIPA was meant to restore religious rights, which are being eroded by government overreaching (particularly at the local and institutional levels). Theoretically, Turner is a "rational basis" analysis, whereas the RLUIPA is a "strict scrutiny" analysis. The deferential Turner analysis grants religious practice to religions that are approved by the institutions, but denies, under cloak of "institutional security," the disfavored minority religions, such as White Christian Separatism. Indeed Black Muslims are the majority in Missouri prisons. Without a favorable ruling, only "politically correct" groups will have rights.

Murphy's complaint is now set for trial on October 11, 2005, in Kansas City, Missouri. The inequitable and biased appeals decision of Murphy III may be reversed at this trial, where Murphy will be able to present to a jury very clear evidence that Black Muslims are indeed "separatist," not just in nature, but in fact; and that White Christians are allowed no avenue for religious practice, and are, in fact, severely hindered by the MDOC, and therefore are denied equal rights under the law.

To date, the courts have hindered Murphy's litigation at every turn. In maybe 200 motions only a few have been granted, and requests for counsel have been denied more than five times. The defendants resisted discovery, and all motions to compel discovery were denied. And these are only the obvious difficulties Murphy faces. As the case is currently postured, he has been unable to depose or get any response from critical witnesses. Having an attorney from the streets might break this dam of denials, as the court would be less inclined to obfuscate issues with outside scrutiny.

Our prayer is that one of two attorneys might be able to step in and aid Murphy in pre-trial preparation. But this will depend upon whether or not we will be able to raise sufficient funds to pay for expenses. At present, funds are non-existent. We need the help of all White separatists of any persuasion to aid us in raising funds for attorney expenses. We cannot drop this ball that Mike Murphy has been carrying on his own for so many years ...

Please send aid to:

Separatist Litigation Fund
P.O. Box 1394
Black Mountain, NC 28711

This fund has been established and is being handled by Mrs. Betty Tate, my mother, who many will know as a reliable trustee. Prisoners, stamps are acceptable (every little bit helps).

David C. Tate, June, 2005

These news and views are not necessarily the opinions of the Christian Separatist Church, but are thoughtful reflections of one man.

Hail The Order