Mark Earley [President, Prison Fellowship; former Virginia Attorney General]: "The Eighth Circuit recently clarified the law surrounding government funding for faith-based services that address America's intractable social problems. Americans United for Separation of Church and State had challenged the state of Iowa's establishment of a voluntary faith-based pre-release program for prisoners launched by Prison Fellowship.

In the ruling, the Eighth Circuit held that Judge Pratt's injunction ordering the program in Iowa be shut down doesn't apply to programs that aren't funded by the state. Because the IFI program in Iowa is no longer partially funded by the state, the injunction does not apply to it. In reversing the prior ruling, the Eighth Circuit also rejected the "pervasively sectarian" standard used by Judge Pratt and affirmed that faith-based organizations are not barred from partnering with government simply because they are faith-based.

While the court held that the previous method of payments for the InnerChange program violated the Establishment Clause, the court also held that that a voucherized system, which offers both religious and secular alternatives, could satisfy the Establishment Clause.

Several aspects of the opinion were helpful to Prison Fellowship's efforts to help transform prisoners' lives:

First, the IFI program may continue to operate as a privately funded faith-based program, which all of our programs are.

Second, IFI and Prison Fellowship do not have to repay the $1.5 million to the state of Iowa. This was extraordinarily important, not only for Prison Fellowship, but also for the principle and other faith-based programs.

Third, the court ruled that Judge Pratt's allowing of so-called "expert testimony" disparaging evangelical Christians was "not only unnecessary but also offensive."

Fourth, the ruling gives IFI and other faith-based organizations additional guidance as we move forward in working with governments to address one of the most pervasive social problems facing our country: crime and the high recidivism rate of prisoners.

A very important issue was at stake here, and that is: Can the faith community assist in assuring the public safety? The Eighth Circuit Court of Appeals refused to handcuff people of faith who are helping corrections officials turn prisoners' lives around. The keys to reducing recidivism and protecting the public from repeat offenses are the very kinds of effective rehabilitation and re-entry services provided by IFI.

This opinion will allow faith-based organizations to continue their great tradition of charitable work. From fighting slavery to establishing hospitals; from running soup kitchens to rescue shelters; from disaster relief to ministering to men and women behind bars, people of faith have been a driving force for good in our nation. And that work will continue."