In Kravitz v. Purcell, (2d Cir., Nov. 27, 2023), the U.S. 2nd Circuit Court of Appeals held that unlike suits under RFRA, an inmate alleging a 1st Amendment violation of his religious freedom need not show a "substantial burden" on his sincere religious beliefs, but only a "burden." The suit was brought by an inmate whose observance of the Jewish holiday of Shavuot was impaired by harassment of prison correctional officers. As described by the court:
The admissible evidence shows that Kravitz was unable to observe his religious holiday due to the abusive conduct of corrections officers. On the first night, corrections officers obstructed all communal prayer and threw paper bags at the inmates, “laughing and say[ing], here is your kosher meal. You Jew, blah, blah, and F-U.” ... On the second night, an officer interrupted Kravitz’s prayer after approximately thirty seconds, stating, “I don’t want to hear that. You need to stop and get eating that food. I got things to do.” ...
In vacating the district court's grant of summary judgment, the court said in part:
When we are considering government policies that are not neutral and generally applicable—that is, policies that discriminate against religion rather than burden it incidentally—there is no justification for requiring a plaintiff to make a threshold showing of substantial burden. “The indignity of being singled out for special burdens on the basis of one’s religious calling is so profound that the concrete harm produced can never be dismissed as insubstantial...."
... The district court erred in deciding that the burden on Kravitz’s observance was insufficient to establish an infringement of his right to free exercise under the First Amendment. The district court could reach that conclusion only by deciding that thirty seconds of prayer or a blessing over bread suffices for Shavuot observance. But what the observance of Shavuot entails is beyond the competence of a federal court.
