Written by Don ByrdIn December, a federal court in Florida issued an injunction requiring the state’s Department of Corrections to begin providing kosher meals (again) to inmates whose sincere religious beliefs require them. The court rejected the state’s contention that avoiding the higher cost of kosher meals is a “compelling government interest” that overcomes the requirement that inmates’ religious needs should be accommodated.
The Religious Land Use and Institutionalized Persons Act (RLUIPA) places a purposefully high standard on government to deny an inmate’s religious exercise. Courts have routinely held that avoiding increased costs in not in itself a compelling interest that meets that high standard. Nonetheless, Florida maintains the high price of kosher meals is too great a burden.
Written by Don ByrdLast week the ACLU sent a letter to the Wyoming Department of Corrections requesting they revise a policy that prohibits inmates from wearing a yarmulke outside their cell or in religious services. Under RLUIPA, such a rule may substantially burden an inmate’s religious exercise only if it is necessary to achieve a compelling government interest. Assuring that inmates are afforded basic religious accommodations, the ACLU writes, is exactly why RLUIPA was adopted.
Written by Don ByrdA prisoner’s communication with a person reasonably believed by that prisoner to be clergy, who regularly engages in prison ministry, does not have to be ordained for those communications to be privileged.That is the conclusion of a federal judge in Kansas, overturning a magistrate judge’s ruling that such communication could be used to prosecute the prison minister because she was not ordained.
Written by Don ByrdLast week, the 5th Circuit U.S. Court of Appeals sided with a Muslim inmate in his lawsuit against the Texas Department of Criminal Justice over its ban on beards. Willie Garner argued the state could demonstrate the rule is the least restrictive means of achieving a compelling interest, as required by the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court agreed.
Written by Don ByrdInmates who practice the Wiccan faith in a California prison have sued over the lack of access to Wiccan chaplains. Jewish, Muslim, Catholic and Protestant chaplains are on staff, they claim, but no Wiccan, despite the fact that more prisoners are of Wiccan than Jewish, Muslim or Catholic faith at the facility. The trial court dismissed their claims, noting that not all prisoners are entitled to the chaplain of their choice. Earlier this week, the 9th Circuit agreed on the religious exercise claims, but reversed the trial court’s ruling on the Establishment Clause claim.
