The Center for Law & Religious Freedom

The Center Files Brief For Jewish Prisoner  

 April 19, 2011

Coinciding with the beginning of Passover yesterday, the Center yesterday filed an amici curiae brief in Willis v. Commissioner to protect a Jewish prisoner's ability to observe the kosher requirements of his faith.  An Indiana prison stopped providing any kosher meals, claiming that the cost had become too great. 

A federal law, the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), requires any prison that receives federal funds to accommodate prisoners' religious observances, unless the prison can demonstrate a compelling reason, such as prison security needs. 

The district court below correctly ruled that the prison's denial of kosher meals to the Jewish prisoner violated RLUIPA. The prison appealed to the Seventh Circuit, which covers Indiana, Illinois, and Wisconsin.

CLS's brief argues that prison officials failed to demonstrate a sufficiently compelling interest to justify denying kosher meals to Jewish prisoners.  The brief points out that, in exchange for federal funding, a prison agrees to accommodate prisoners' religious needs, so that the prison actually increases its funds by agreeing to respect prisoners' religious needs.  The brief is here.

The Center's brief was filed on behalf of Prison Fellowship, the National Association of Evangelicals, and the Baptist Joint Committee for Religious Liberty.  The brief was crafted by Roger Brooks, Robert Miranne, and Carrie Bierman of Cravath, Swaine & Moore.