In
Greene v. Lassiter, (4th Cir., Dec.13, 2023), the U.S. 4th Circuit Court of Appeals in a
pro se suit by a prisoner held that the district court should not have dismissed plaintiff's RLUIPA and the 1st Amendment claims. At issue is whether Nation of Gods and Earths ("NGE") qualifies as a "religion" for purposes of those provision. The court held that even though plaintiff's complaint said that NGE is a God-centered culture that should not be misconstrued as a religion, this should not be treated as a binding admission. The court said in part:
Greene’s statement wasn’t an “intentional and unambiguous waiver[] that release[d] the opposing party from its burden to prove the facts necessary to establish the waived conclusion of law.”... To the contrary, Greene has consistently maintained that he asserts rights under RLUIPA and the First Amendment for being denied the ability to practice his faith or belief system, even if NGE eschews the label of “religion.” And in RLUIPA, Congress “defined ‘religious exercise’ capaciously” and “mandated that this concept ‘shall be construed in favor of a broad protection of religious exercise....
Our review of the record shows that there may be at least an open factual question about whether NGE qualifies as a religion for RLUIPA and First Amendment purposes, making summary judgment inappropriate.
