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California Court of Appeal


In re Garcia, C066452

In a writ challenge the denial of petitioner-inmate's request to participate in an existing, prison kosher meals program, petition is granted where prison officials are in violation of petitioner's statutory rights under RLUIPA because they have not: 1) disputed either the sincerity of petitioner's religious beliefs or the requirement that he maintain a kosher diet; and 2) demonstrated the burden imposed on petitioner's religious beliefs by virtue of his exclusion from the kosher meals program furthers a compelling governmental interest and is the least restrictive means of furthering that interest as required by RLUIPA.

Appellate Information

  • Decided 01/11/2012
  • Published 01/11/2012

Judges

  • HULL

Court

  • California Court of Appeal

Counsel

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