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