Welch v. Cobb County
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At the Cobb County Adult Detention Center, officials singled out the Roman Catholic faith, prohibiting a priest from conducting mass while allowing Protestants to practice their religion freely.
Because weekly Mass is an critical element of the Catholic faith, Rev. John Welch offered to lead a weekly Mass for the prison’s two dozen Catholic inmates, at no cost to the State. Disturbingly, the state-paid chaplain of the prison prohibited Welch from leading Mass at the prison, based on his expressed dislike for Catholics and his belief that Catholics are not Christians.
While the chaplain allowed Welch to lead a non-denominational Christian religious service once or twice a month, he mandated that this service cannot contain those elements of the ceremony that make it a Catholic Mass. Rev. Welch had also been prevented from holding a Bible Study at the prison.
By allowing these unconstitutional roadblocks to Reverend Welch’s volunteer service, the state’s discriminatory action forced Catholic prisoners to violate the dictates of their faith by failing to attend weekly Mass. Recognizing this problem, Becket intervened on behalf of Welch and the Catholic inmates, and secured an out-of-court victory for the free exercise of religion at the detention center.