5th Circuit: Prison's Rules On Buddhist Services May Violate RLUIPA

In Newby v. Quarterman, (5th Cir., April 30, 2009), the U.S. 5th Circuit Court of Appeals upheld a Buddhist inmate's challenge to Texas prison rules that require religious services in his prison unit to be conducted by either a chaplain or an approved religious volunteer. There were no approved religious volunteers for Buddhist ceremonies, and the regular chaplain refused to conduct Buddhist ceremonies because he is unfamiliar with Buddhist religious practices and was occupied by other obligations. Ruling on plaintiff's claim under RLUIPA, the court held that there is a reasonable basis for a fact finder to conclude that the outside-volunteer policy creates a substantial burden on plaintiff's free exercise and that Texas has not furthered its interest in prison safety and security through the least restrictive means. The court also reversed the district court's dismissal of plaintiff's free exercise and equal protection challenges to the prison's outside-volunteer policy.