Jewish Inmate Files Suit Against Lone Star State for Kosher Diet
October 12, 2005
On October 11, 2005, The Becket Fund for Religious Liberty filed suit against the Texas Department of Criminal Justice for denying kosher meals to a Jewish prisoner in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The Becket Fund, an interfaith, nonprofit law firm dedicated to protecting the free expression of all religious traditions, joined forces with Latham & Watkins LLP to represent inmate Max Moussazadeh who must, according to the tenets of his Jewish faith, eat only that which is kosher.
While the majority of state prison systems, including the Federal Bureau of prisons, have all adopted programs which allow inmates to satisfy their religious dietary needs, Texas is among the few remaining states that still deny religious inmates the opportunity to partake in religious meal programs. Florida and Georgia state prison systems similarly violate RLUIPA by failing to accommodate religious dietary needs.
“Inmates are not required to check their First Amendment rights, along with civilian clothing, at the jailhouse doorstep,” stated Jared Leland, Spokesman and Legal Counsel for The Becket Fund for Religious Liberty. “Religion is often the root of rehabilitation. Thus, it’s crucial that religious inmates remain free to practice while incarcerated so they may reenter society as healthier, more principled contributors to the community.”
“Texas now has the dubious distinction of being one of the few states that defies RLUIPA by refusing to lift a finger to accommodate the religious exercise of its Jewish citizens,” said Director of Litigation Derek Gaubatz. “It frankly makes no sense in light of the state’s professed commitment to faith-based initiatives.”
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