Written by Don ByrdVia Religion Clause, a federal judge in Florida granted a preliminary injunction yesterday ordering the State Department of Corrections to provide kosher meals to all inmates who request one according to sincerely held religious beliefs. In 2007, the state abandoned its kosher meals program and defends its right not to provide such meals. Following a lawsuit filed last year by the United States, however, the state initiated a pilot program to provide kosher meals, but only within strict guidelines designed to certify religious sincerity.
In issuing the injunction, the judge found the lack of a kosher offering likely violates the Religious Land Use and Institutionalized Persons Act (RLUIPA), as do the many hurdles to a kosher diet in the state’s current pilot program, including the religious sincerity test that required applying inmates to demonstrate knowledge about their claimed faith.
Written by Don ByrdA Native-American inmate in Texas has waited 4 years to obtain a small lock of his deceased parents’ hair to stay connected with their spirits according to his religious beliefs. The state has refused William Chance’s request, citing security concerns, leading him to file suit under the Religious Land Use and Institutionalized Persons Act. After the 5th Circuit Court of Appeals rejected the state’s motion to dismiss that claim, Chance’s case is headed to trial in January.
Written by Don ByrdA federal judge in New Jersey has granted a preliminary injunction barring a zoning decision by the Town of Bridgewater. A Muslim group requested the injunction after the zoning change, which took place after they purchased land, blocked their plan to build a mosque. Relying on the Religious Land Use and Institutionalized Persons Act (RLUIPA), the judge found the zoning decision would cause the group irreparable harm placing a substantial burden on their religious exercise without the government likely able to demonstrate a compelling interest in the move.
Written by Don ByrdEfforts to halt the construction and opening of an Islamic Center in Murfreesboro, Tennessee have failed at most every turn. Fortunately, courts have made clear that federal law protects the right of the facility to proceed. Congregants were able to move into the new building last year. But, opponents have yet to concede and are now taking their case to the state Supreme Court.
Written by Don ByrdThe 1st Circuit Court of Appeals yesterday ruled the religious liberty rights of the Roman Catholic Bishop of Springfield, Massachusetts (RCB) are not violated by the requirement that the Springfield Historical Commission (SHC) be consulted prior to any change in the structure of the building of a church recently closed by the Diocese. The Church argued that the requirement “gives the SHC veto power over its religious decisionmaking, and in doing so violates its First Amendment rights to free speech and free exercise of religion.” The Court, however, found the burden on the Church was not yet substantial enough as required by the Religious Land Use and Institutionalized Persons Act (RLUIPA) to trigger an exemption or accommodation from historical zoning regulations.
