The Center for Law & Religious Freedom

CLS Files Amicus Curiae Brief in Rich v. Secretary, Florida Dept of Corrections

 

August 9, 2012 - Christian Legal Society filed an amici curiae brief yesterday in Rich v. Secretary, Florida Department of Corrections, to protect a Jewish prisoner's ability to observe kosher dietary requirements.  The brief was joined by Prison Fellowship Ministries and the National Association of Evangelicals.  

The federal Religious Land Use and Institutionalized Persons Act ("RLUIPA") requires any prison that receives federal funds to accommodate prisoners' religious observances.  A prison may avoid RLUIPA’s requirements by not taking federal funding or by demonstrating it has a compelling reason, such as prison security, that justifies a refusal to accommodate a specific prisoner’s religious request.  

CLS's brief argues that prison officials in this case failed to justify denying kosher meals to Jewish prisoners.  Although the prison claims that kosher meals would cost too much, in reality, the prison increases its funding by respecting prisoners' religious needs in exchange for federal funding. 

The brief was prepared and filed by Roger Brooks and Carrie Bierman of Cravath, Swaine & Moore LLP.  The case is before the Eleventh Circuit, which covers Florida, Georgia, and Alabama.