As members of the faith community, we are called to stand for justice, truth, and morality. This includes fighting for the weak, the invisible, and the forgotten. That is why many in the faith community have rallied to fight for change on one of the most important human rights issues of our time, the widespread use of solitary confinement in the United States. My own denomination, the Presbyterian Church (U.S.A.), passed a resolution this summer condemning the practice of solitary confinement as torture, urging our congregations to work for its end. Joining with my interfaith clergy colleagues in this struggle for racial justice and human rights, on August 19th we rallied at the California capitol and delivered a letter to Governor Newsom signed by nearly 50 leading religious organizations in California with one clear message: it is time to end the torture of solitary confinement.
Solitary confinement degrades the mind, body, and the soul. It breaks the spirit of people in a manner that other developed nations, the United Nations, and leading medical and mental health professionals consider a form of torture. That is why faith leaders consistently speak out against the practice. It is an issue of morality and faith, and one that future generations will surely condemn.
Despite our best efforts to engage with Governor Newsom on the torture of solitary confinement for several years now, we have not only been met with resistance, but now fear that he will move backwards on this issue by signing AB 2527, a bill that sets a dangerous precedent under the guise of reform.
AB 2527, by Asm. Bauer-Kahan, started out as a bill that banned the use of solitary confinement for pregnant women in jails and prisons, something that we all commend and applaud. Yet the bill was quietly amended at the end of the legislative session at the request of CDCR officials. It now includes an amendment that authorizes correctional officers to place women people in solitary confinement for up to five days if they are faced with a security risk, making solitary confinement for pregnant women permissible rather than prohibiting this dangerous practice altogether.
How is it possible that we as a state believe it is appropriate to isolate a pregnant woman if they are threatened or endangered? How is that the only solution that is on the table? The bill does not require oversight by a doctor, or even the consent of the pregnant woman. In other words, the bill allows for correctional officers to lock pregnant women away based on their own unilateral decision, with no oversight or accountability.
This is wrong. There are numerous examples put forward by other states including New York that allow for a facility to place a pregnant woman in a specialized unit with guaranteed out of cell time and access to medical services and trauma informed care, and ensuring that pregnant women are not harmed by isolation or solitary confinement.
Yet advocates are deeply concerned that Governor Newsom will sign this bill and claim that the five day limit put forth by the bill is “progress” on an issue that he claimed was “ripe for reform.” Nothing could be further from the truth. Even the five day limit included by this bill is fools’ gold. Nothing prevents correctional officers from cycling pregnant women into solitary confinement over and over again over a period of weeks or months. True limits to solitary include protections against such cycling and mandate that facilities create safe and human alternatives.
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The scientific and moral consensus are in agreement that solitary confinement amounts to torture and has no place in the 21st century, and not in the United States. It is estimated that on any given day there are more than 122,000 people held in solitary confinement in our country. Yet it is clear that this practice serves no rehabilitative function, but instead permanently damages people and society. What the world needs now is not more pain and isolation, but compassion and healing.
That is why the faith community is part of a large coalition of organizations working at the state and national level to bring change on the issue of solitary confinement. These campaigns are active in more than 20 states across the country, advocating for legislation that is consistent with the international standards opposing long term solitary confinement, and advocating for humane alternatives.
Rev. Beverly Brewster serves as advisor for faith and community engagement for the National Religious Campaign Against Torture. She is an ordained minister in the Presbyterian Church (USA), and a former human rights lawyer.