In Washington v. Klem, (3d Cir., Aug. 2, 2007), the U.S. 3rd Circuit Court of Appeals settled on a definition of "substantial burden" under the Religious Land Use and Institutionalized Persons Act. It held: "For the purposes of RLUIPA, a substantial burden exists where: 1) a follower is forced to choose between following the precepts of his religion and forfeiting benefits otherwise generally available to other inmates versus abandoning one of the precepts of his religion in order to receive a benefit; OR 2) the government puts substantial pressure on an adherent to substantially modify his behavior and to violate his beliefs."
Inmate Henry Washington's religion requires him to read four Afro-centric books each day. The court found that prison authorities substantially burdened Washington's religious exercise by limiting him to having 10 books at any time in his cell. Further, the state failed to show how its policy furthers its interest in safety and health of prisoners and staff.
