Written by Don Byrd
A federal court in Florida has ruled the state violated the religious freedom rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) of inmates whose religious beliefs require kosher meals. The state argued it was not required to provide such meals because of the state’s interest in not spending public funds. The court rejected that argument, and ruled in favor of a permanent injunction ordering the state to “provide kosher meals to those prisoners witha sincere religious belief requiring kosher meals.”
Here is an excerpt from the opinion:
Defendants have not shown how containing the costs associated with the RDP actually furthers any compelling state interest. Defendants, who bear the burden of proof on this issue, have not shown that the costs of the RDP are so onerous that they have had an effect on Defendants’ operations. ln fact, Defendants have not presented any evidence indicating that the RDP’S costs have affected prison operations in any way. There is no evidence that any programs have been cut, that any staff has been cut, or that there has been any harm to any aspect of Defendants’ operations.
The court did uphold the state’s policy that inmates answer a question about the religious basis for their belief that kosher meals are required to determine their sincerity. The Justice Department argued that approach “goes beyond what is permissible” in inquiring into an inmate’s faith, and the court warned that the question “walks a fine line.” The court ruled, however, that posing the question did not substantially burden an inmate’s religious exercise.
The DOJ issued a press release announcing the court’s ruling here. The Baptist Joint Committee’s resource page on RLUIPA is here.
