Top 10 Church-State and Religious Liberty Developments For 2012

Here are my nominations for the 2012 Top Ten Church-State and Religious Liberty Developments:

1.  The long-simmering tensions between the U.S. Conference of Catholic Bishops and the Obama Administration took on a greater focus when in May some 40 Catholic institutions, in 12 lawsuits, filed challenges to the Obama administration's mandate that health insurance policies include contraceptive coverage. Other suits followed. The Administration had granted a one-year moratorium to non-profit institutions, while it worked unsuccessfully to produce a compromise that might be acceptable to religiously affiliated non-profit institutions. Meanwhile, for-profit companies owned by Catholics and conservative Christians also filed an avalanche of suits seeking conscience exemptions from the mandate.

2.  The battle between religious conservatives and advocates of marriage equality continued to rage on numerous fronts.  Each side saw some victories and some defeats, but proponents of marriage equality had a good year.  Legislatures in Washington and Maryland approved same-sex marriage. In November, voters in 4 states also indicated approval of same-sex marriage, but earlier in the year North Carolina voters approved a ban on same-sex marriage.. The 9th Circuit in a narrow opinion struck down California's Proposition 8, and the Supreme Court has agreed to review that decision. The Defense of Marriage Act was struck down by the 1st Circuit, the 2nd Circuit and a California federal district court. The Supreme Court has agreed to review the 2nd Circuit case. Same-sex marriage bans in Nevada and Hawaii were upheld by federal district courts.

 3.  Mitt Romney lost the Presidential election, but his Mormon religious faith was not an important issue in the campaign. Indeed, Romney's activities as a lay Mormon pastor were used to his advantage at the Republican Convention.

4. The Supreme Court in Hosanna-Tabor v. EEOC adopted the "ministerial exception" doctrine for employment discrimination cases, finding it to be constitutionally-based.

5.  Egypt has struggled to draft and adopt a new constitution.  The role the new constitution will provide for Sharia law in the country has been one of the central issues in debates on the document.

6.  A 17-year long struggle by the New York City Board of Education to bar churches from renting out school buildings on weekends for church services, even though the buildings are available to other community groups, was revived by a federal district judge. Most observers had thought that a 2011 decision by the 2nd Circuit had ended the dispute in favor of the Board of Education, but the court held that the 2nd Circuit had not passed on the Bronx Household of Faith's free exercise and establishment clause claims. The district court's vindication of the free exercise claim is now on appeal.

7.  An online video promoting the obscure movie "Innocence of Muslims" triggers demonstrations against American embassies in the Muslim world. The video leads to an unusual set of legal proceedings-- litigation involving probation violations by the producer, attempt by an actress in the movie to have it removed from YouTube, and in abstentia convictions in Egypt.

8.  New questions are raised around the world regarding ritual circumcision of young boys by Muslims and Jews. Germany's Bundestag confirmed the legality of religious circumcision after a Cologne district court held that parents lack the right to decide that their young sons should be circumcised for non-medical reasons. Ritual circumcision is also questioned in Australia and Norway. Meanwhile, in the United States some Orthodox Jewish groups sue challenging the New York City health department's new regulation requiring informed consent from parents when a Jewish religious circumcision involves use of the oral suction technique (metzitzah b'peh).

9.  The court martial trial of accused Fort Hood mass shooter Maj. Nidal Hasan is delayed as the question of his right to wear a beard for religious reasons at his trial is litigated.  In December, an appeals court held there was insufficient evidence to show that the beard materially interfered with the court martial proceedings. It also ordered court martial judge Gregory Gross removed from the case for the appearance of bias.

10.  In the wake of Congress' reorganization of the U.S. Commission on International Religious Freedom in late 2011, developments demonstrated internal divisions and conflicts in the Commission. The pressure of expiring terms of 5 Commissioners led to early release of USCIRF's annual report and to a public statement by 5 of the Commissioners charging that the report wrongly reflected the votes of Commissioners on the status of Turkey.  Meanwhile a former USCIRF staff member sued alleging anti-Muslim bias against her.  In an unrelated case, a different employee was sentenced to prison for embezzling USCIRF funds. And Muslim groups criticized one of the new Commissioners, claiming he is anti-Muslim.

Some of my picks were rather obvious candidates for inclusion, while others may surprise some readers. A number of the top developments continue trends reflected in last year's list.  You may also find it interesting to compare two other "Top 10" lists: Religion Newswriters 2012 Top 10 Religion Stories and Blog from the Capital's Top Religious Liberty Stories of 2012. I invite you to post your comments or disagreements with my choices this year.

3rd Circuit Finds Prison Music Policy Does Not Violate Establishment Clause

In Young v. Beard, (3rd Cir., July 8, 2008), the U.S. 3rd Circuit Court of Appeals rejected a prisoner's free expression and Establishment Clause challenges to the Pennsylvania prison system's policy on recreational music for prisoners. After criticism of the state's prior policy that allowed independent inmate bands, the Department of Corrections changed its policy to allow only individual music playing in cells or institutional musical groups that can play at an annual talent show or special events. However inmate bands are still permitted for religious services. This was challenged by an inmate who had been a member of a secular inmate band prior to the policy change. The court held that the prior program posed legitimate security concerns, and several viable alternatives still exist for inmates to perform music. Turning to the Establishment Clause challenge, the court found that changes to the secular music program did not have the purpose or effect of advancing religion. Permitting religious bands accommodates free exercise and does not cross the line into endorsement of religion. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In Solton v. Anderson, 2018 U.S. Dist. LEXIS 98239 (D KA, June 12, 2018), a Kansas federal district court concluded that defendants had not improperly denied a Muslim inmate's requests for religious materials and a religious diet.

In Degale v. McDonough, 2018 U.S. Dist. LEXIS 98549 (SD NY, June 12, 2018), a New York federal district court dismissed a Rastafarian inmate's challenge to the requirement for an initial shave of inmates to maintain a record of appearance in case of escape.

In Young v. Chuvalas, 2018 U.S. Dist. LEXIS 99618 (SD OH, June 14, 2018), an Ohio federal district court denied summary judgment to defendants in a suit by a Muslim inmate who claims he was forced to attend a Christian prison ministry event.

In Shepherd v. Smith, 2018 U.S. Dist. LEXIS 100012 (ND NY, June 13, 2018), a New York federal magistrate judge recommended that a Rastafarian inmate be allowed to move ahead with his claims against certain defendants that he did not receive a requested cold alternative diet and that there were no Rastafarian religious services available.

In Kearey v. Collier, 2018 U.S. Dist. LEXIS 99513 (SD TX, June 13, 2018), a Texas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 100014, May 8, 2018) and allowed a Taoist inmate to move ahead against two of the defendants on claims that they were denied access to a package containing eastern religious texts and videotapes; they were not permitted to practice moving meditations and yoga in a group setting; and an outside volunteer was required to supervise moving meditations.

In Greene v. Cabral, 2018 U.S. Dist. LEXIS 100408 (D MA, June 15, 2018), a Massachusetts federal district court dismissed a Jewish inmate's claim that he was not properly served sufficient kosher food and that he was denied the ability to participate in religious services led by a rabbi.

In Smith v. Drawbridge, 2018 U.S. Dist. LEXIS 100044 (WD OK, June 13, 2018), an Oklahoma federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 100732, May 22, 2018) and dismissed a Jewish inmate's complaint that numerous of his religious practices were not accommodated, including diet, religious services, religious events and apparel.  Most of his claims were dismissed for failure to exhaust administrative remedies, while his complaint regarding observance of a fast day was found not to have amounted to a substantial burden on his free exercise.

In Parker v. Baldwin, 2018 U.S. Dist. LEXIS 100749 (SD I, June 15, 2018), an Illinois federal district court allowed an inmate to move ahead with his complaint that he was wrongly disciplined for teaching the Asatru faith, holding Asatru services and teaching the runes.

In Rhoden v. Department of State Hospitals, 2018 U.S. Dist. LEXIS 100868 (ED CA, June 15, 2018), a California federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 90260, May 30, 2018), and allowed a civil detainee to move ahead on his complaint that for several months he has not been allowed a Catholic Chaplain to conduct prayer services and attend mass.

In Gholston v. Powell, 2018 U.S. Dist. LEXIS 102915 (MD GA, June 20, 2018), a Georgia federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 103201, May 25, 2018) and allowed a Muslim inmate to move ahead with his complaint that he was not permitted to grow long hair and a beard.

Recent Prisoner Free Exercise Cases

In Smart v. Aramark Inc., 2014 U.S. Dist. LEXIS 113266 (D NJ, Aug. 15, 2014), a New Jersey federal district court reaffirmed its prior holding that an inmate, who variously claimed his relgion as Muslim or Jewish, did not have his ability to practice his religion affected by his inability to have his beard at the prison's kitchen.

In Fields v. Martin, 2014 U.S. Dist. LEXIS 114224 (ED MI, Aut.18, 2014), a Michigan federal district court accepted a magistrate's report and rejected an inmate's claim that his Buddhist religion required him to have a vegan diet.

In Nelson v. Jackson, 2014 U.S. Dist. LEXIS 115111 (SD OH, Aug. 19, 2014), an Ohio federal magistrate judge recommended rejecting a Jewish inmate's complaint that he was served meat and dairy products during the same meal and was required to cook or reheat his kosher meals in a microwave on the Sabbath.

In Mason v. Clear Creek County, 2014 U.S. Dist. LEXIS 115840 (D CO, Aug. 20, 2014), a Colorado district court, while dismissing a number of claims unrelated to prison conditions, permitted a Messianic Hebrew inmate to proceed with his claim that he was denied a religious diet and subjected to religious persecution.

In Hardy v. Agee, 2014 U.S. Dist. LEXIS 115488 (WD MI, Aug. 20, 2014), a Michigan federal district court dismissed a complaint by a Muslim inmate that because of his refusal to take a job in the kitchen he was placed on room restriction and was prevented from attending Islamic services and classes.

In Chau v. Young, 2014 U.S. Dist. LEXIS 116252 (ND CA, Aug. 20, 2014), a California federal district court dismissed a complaint by a Muslim inmate that a "modified program" imposed after a prison riot prevented his participation in Friday prayers, Islamic study classes and Ramadan observance with other inmates.

In Hunter v. Corrections Corporation of America, 2014 U.S. Dist. LEXIS 116156 (SD GA, Aug. 20, 2014), a Georgia federal magistrate judge dismissed, with leave to amend, a Muslim inmate's complaint that he was coerced into participating in a Christian faith-based program.

In Annabel v. Michigan Department of Corrections, 2014 U.S. Dist. LEXIS 116440 (WD MI, Aug. 21, 2014), a Michigan federal district court rejected an inmate's claim that his free exercise rights were infringed when correctional officers mocked his Judaic Christian religion. It also rejected his claim that he was rataliated against for settling a lawsuit granting him a kosher diet.

Recent Prisoner Religious Freedom Cases

In Smithback v. Texas, 2007 U.S. Dist. LEXIS 6033 (ND TX, Jan. 29, 2007), a Texas inmate brought a religious freedom challenge to a rule of the Texas Board of Criminal Justice that prohibited prisoners from placing extraneous drawings or illustrations on envelopes they mail out from prison. Plaintiff claims that prison authorities refused to let him send a letter to his family in an envelope containing a handwritten drawing of a large cross surrounded by the words "Jesus" and "LORD!" A federal Magistrate Judge held that this restriction did not substantially burden plaintiff’s free exercise of religion, and that prison authorities had a legitimate penological interest in imposing the restriction.

In Heleva v. Kramer, (3d Cir., Jan. 27, 2007), the U.S. 3rd Circuit Court of Appeals reversed a Pennsylvania district court’s dismissal of a prisoner’s free exercise of religion claim. The Court of Appeals held that the lower court erred in finding that books sent to him by his sister were not "religious". The lower court’s distinction between religious books and spiritual, self-help books was found to be untenable. Also the court held that the fact the prisoner’s claim is based on the deprivation of personal property—refusal to give him the books sent to him—does not prevent him from asserting a free exercise claim.

In Kay v. Friel, 2007 U.S. Dist. LEXIS 6391 (D UT, Jan. 26, 2007), and in the related case of Kay v. Bemis, 2007 U.S. Dist. LEXIS 6392 (D UT, Jan 25, 2007), a Utah federal district court rejected a Wiccan prisoner’ free exercise, establishment clause and RLUIPA claims growing out of allegations that officials at two different prisons variously prevented him from possessing items needed for religious practices, including tarot cards, a Dungeons and Dragons game, and a metal religious symbol, and prevented him from purchasing incense and certain books. The court held that plaintiff’s complaint contains no allegations of facts showing that the items he desires are necessary to the practice of the Wicca religion, nor does it describe the nature of the religious ritual he was prevented from conducting, nor—in the Bemis case-- does he make clear his religious affiliation. The state had a reasonable explanation for the lack of Wiccan religious services. Finally, the relief he sought under RLUIPA is unavailable to him.

In Young v. Beard, 2007 U.S. Dist. LEXIS 6950 (ED PA, Jan. 31, 2007), a Pennsylvania federal district judge, after a non-jury trial, rejected a prisoner’s claim that prison policy permitting religious musical bands—and permitting them to rehearse more frequently than secular bands—violates the establishment clause and equal protection clause.

In Nelson v. Miller, 2007 U.S. Dist. LEXIS 6580 (SD IL, Jan. 30, 2007), an Illinois federal Magistrate Judge dismissed various claims by a Catholic prisoner that prison authorities failed to furnish him a diet that complies with his religious beliefs. The court found that plaintiff failed to exhaust his administrative remedies as to one free exercise claim. His claim relating to denial of a vegan diet are moot because he is now receiving such a diet, and there is no reasonable expectation that it will be withdrawn. The court found that the 11th Amendment barred plaintiff’s damage claim under RLUIPA against defendant in his official capacity.

In Thompson v. Pennsylvania Department of Corrections, 2006 U.S. Dist. LEXIS 95008 (MD PA, filed Feb. 1, 2007), a Pennsylvania federal district court adopted recommendations of a federal magistrate judge rejecting claims of a Rastafarian prisoner who had been refused an exemption from a prison’s hair-length requirements. Officials found that his religious beliefs were not sincere. The court found that two of the defendants had in fact supported plaintiff’s claim for an exemption, so no cause of action lies against them.

Recent Prisoner Free Exercise Cases

In Pickering v. California Department of Corrections, 2016 U.S. Dist. LEXIS 167867 (ED CA, Dec. 5, 2016), a California federal magistrate judge recommended dismissing an inmate's claims that defendants have hindered the practice of his Astru/Odinic faith. However the court recommended that plaintiff be allowed to proceed with his retaliation claim.

In Malone v. Selby, 2016 U.S. Dist. LEXIS 168764 (SD IL, Dec. 6, 2016), an Illinois federal district court permitted an inmate to move ahead with a claim that a corrections official destroyed or discarded plaintiff's Bible concordance.

In Lane v. Tavares, 2016 U.S. Dist. LEXIS 168965 (MD PA, Dec. 7, 2016), a Pennsylvania federal district court accepted a magistrate's recommendation and allowed a Muslim inmate to move ahead with a claim that the prison doctor intentionally interfered with his attempt to gain safe access to Friday Prayers.

In Alderson v. Kelley, 2016 U.S. Dist. LEXIS 168233 (ED AR, Dec. 6, 2016), and Arkansas federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 169173, Oct. 28, 2016) and dismissed an inmate's complaint that his request to have a beard for religious reasons was previously denied.

In Willison v. Davis, 2016 U.S. Dist. LEXIS 169241 (SD OH, Dec. 7, 2016), an Ohio federal magistrate judge recommended dismissing a suit against the state Religious Services Administrator brought by an inmate who change his religion to Natsarim (Messianic Judaism) and was initially denied kosher meals and participation in the Passover feast.

In Quiero v. Muniz, 2016 U.S. Dist. LEXIS 170733 (MD PA, Dec. 8, 2016), a Pennsylvania federal magistrate judge recommended that an inmate be allowed to proceed with his challenge to a policy that denied him access to bible studies, church services, and chaplains while in the restricted housing unit. UPDATE: The court adopted the magistrate's recommendations at 2017 U.S. Dist. LEXIS 11766, Jan. 27, 2017.

In Young v. Biter, 2016 U.S. Dist. LEXIS 170992 (ED CA, Dec. 9, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint about his ability to practice his religion and denial of a kosher diet.

Recent Prisoner Free Exercise Cases

In Thompson v. Holm, (7th Cir., Jan 4, 2016), the 7th Circuit, reversing the district court, ruled that withholding a Muslim inmate's meal bags for two days during Ramadan constituted a substantial burden on his free exercise rights. The court, also rejecting several other defenses, urged the district court to appoint counsel for plaintiff on remand.

In Rosales v. Watts, 2016 U.S. Dist. LEXIS 267 (SD GA, Jan 4, 2016), a Georgia federal magistrate judge recommended that  an inmate be allowed to proceed with many of his claims alleging that prison authorities truncated the "Spiritual Mass" ceremony for Santeria practitioners and refused to order Santeria supplies including bead necklaces with Ache. UPDATE: The magistrate's recommendations were adopted at 2016 U.S. Dist. LEXIS 33357, March 15, 2016.

In Michaels v. West, 2016 U.S. Dist. LEXIS 1826 (ND WV, Jan. 7, 2016), a West Virginia federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 174184, Nov. 25, 2015) and dismissed for failure to exhaust administrative remedies an inmate's complaint that he was denied the vegetarian diet required by his Asatru religious beliefs.

In Todd v. CDCR, 2016 U.S. Dist. LEXIS 1944 (ED CA, Jan. 7, 2016), a California federal magistrate judge recommended that, consistent with a remand from the 9th Circuit, the complaint by an inmate who was a minister in the White supremacist Creativity religion move ahead.  Plaintiff complains about confiscation of religious material, failure to provide a fruitarian (or acceptable alternative kosher diet), placing of the Holy Books of Creativity on the banned list, and refusal to recognize Creativity as a religion.

In Young v. Rodriguez, 2016 U.S. Dist. LEXIS 1965 (ED  CA, Jan. 7, 2016), a California federal magistrate judge permitted a Rastafarian inmate to move ahead with his complaint that he was not permitted to wear his religiously required head covering-- a crown-- into the health care facility visiting room.

In Rezaq v. Federal Bureau of Prisons, 2016 U.S. Dist. LEXIS 2288 (SD IL, Jan. 8, 2016), an Illinois federal district court permitted a Muslim inmate to proceed under RFRA (but not under the 1st Amendment) complaining that prison authorities did not have a pre-dawn morning pill line during Ramadan.

In Wallace v. Mayfield, 2016 U.S. Dist. LEXIS 1137 (ED AR, Jan. 6, 2016), an Arkansas federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 174100, Dec. 14, 2015) and denied a preliminary injunction to an inmate who claimed his free exercise rights were infringed when he was forced to shave his beard and cut his hair. Plaintiff sought to enjoin retaliation for filing the lawsuit.

In Coleman v. Lincoln Parish Detention Center, 2016 U.S. Dist. LEXIS 2633 (WD LA, Jan. 7, 2016) a Louisiana federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 174236, Dec. 7, 2015) and dismissed a Muslim inmate's complaint that he was denied the right to participate in weekly Jummah services and when he filed a grievance was transferred to another facility.

Recent Prisoner Free Exercise Cases

In Colvin v. Caruso, (6th Cir., May 13, 2010), a Jewish inmate sued officials in a prior facility in which he had been housed for denying him kosher meals for 16 days, and thereafter on various occasions inadvertently serving him non-kosher food. He also challenged the lack of Jewish services and literature. The U.S. 6th Circuit Court of Appeals dismissed a number of his claims on grounds of mootness, qualified immunity and that isolated incidents did not violate his rights. However the court held that plaintiff should have been permitted to amend his complaint to challenge his removal from the kosher meal program for mere possession of non-kosher food. It also questioned officials' refusal to reinstate plaintiff to the kosher food program based on his knowledge of Judaism rather than the sincerity of his beliefs.

In Richardson v. Walker, 2010 U.S. Dist. LEXIS 44717 (SD IL, May 7, 2010), an Illinois federal district court allowed an inmate to move ahead with his claim that his free exercise rights were infringed when he was subjected to tuberculosis testing that violated his religious beliefs.

In Mansker v. McKinzy, 2010 U.S. Dist. LEXIS 44909 (ED CA, May 6, 2010), a California federal magistrate judge recommended dismissal of a Wiccan inmate's 1st Amendment and RLUIPA claims that he was prevented from attending religious services on several occasions. He did not allege that his religion required regular attendance at services, and thus did not adequately allege a substantial burden on his free exercise rights.

In El-Shaddai v. Clark, 2010 U.S. Dist. LEXIS 46304 (ED CA, April 12, 2010), a California magistrate judge dismissed, with leave to amend, a Muslim inmate's complaint that his free exercise rights were violated when authorities refused to process his appeals requesting receipt of prayer oils he had ordered.

In Le'Taxione X v. Rochon, 2010 U.S. Dist. LEXIS 46165 (WD WA, May 11, 2010), a Washington federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 46300, April 9, 2010), and dismissed free exercise claims by a Nation of Islam prisoner. Plaintiff had objected to officials insisting that the day room door remain open during Ramadan services. Accommodations made to provide NOI separate Al-Jumu'ah services and study groups mooted a second free exercise claim.

In Espinosa v. Addams, 2010 U.S. Dist. LEXIS 46177 (ED CA, April 8, 2010), a California federal magistrate judge dismissed an inmate's complaint that his free exercise and free speech rights were violated when the prison contraband rules were invoked to prevent his access to a Wiccan book his family had purchased that containted partial nudity.

In Young v. Kadien, 2010 U.S. Dist. LEXIS 46685 (WD NY, May 5, 2010), a New York federal district court allowed an inmate who practiced the religion of "Creator of Heaven and Earth and All Things Beautiful" to move ahead with his RLUIPA claim regarding his right to grow his hair and beard for religious reasons.

In Simpson v. Feltsen, 2010 U.S. Dist. LEXIS 46323 (ED CA, April 9, 2010), a California federal district court held plaintiff's charge that prison officials harassed him about his dreadlocks did not state a free exercise claim.

In Tapp v. Proto, 2010 U.S. Dist. LEXIS 47075 (ED PA, May 12, 2010), a Pennsylvania federal district court rejected a Black Jewish inmate's claims that his right to religious expression was violated when officials took time to investigate his religious needs in the first two weeks of his commitment, and when they thereafter failed to provide enough menu variety and consistent food preparation.

In Phillips v. Ayers, 2010 U.S. Dist. LEXIS 47281 (CD CA, May 12, 2010), a California federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 47263, Jan. 14, 2010) and refused to dismiss a claim that denying use of the prison chapel for Muslim worship without a sponsor violated RLUIPA.

Recent Prisoner Free Exercise Cases

In Young v. Muhammad, 2016 U.S. Dist. LEXIS 24711 (CD CA, Feb. 24, 2016), a California federal district court accepted most of a magistrate's recommendations (2015 U.S. Dist. LEXIS 176470, Dec. 22, 2015) and dismissed claims by an inmate who was removed from the Ramadan list and Muslim services for a period of time after he argued over religious theology with other inmates.

In Dawson v. Beard, 2016 U.S. Dist. LEXIS 24806 (ED CA, Feb. 26, 2016), a California federal magistrate judge dismissed an inmate's complaint that he was denied access to religious services on numerous occasions, and denied the right to fast.

In Brandon v. Schroyer, 2016 U.S. Dist. LEXIS 25003 (ND NY, Feb. 26, 2016), a New York federal magistrate judge rejected claims by a Muslim inmate that his free exercise rights were infringed when he was served meals containing pork ten times during a year, and found he had failed to exhaust administrative remedies as to denial of participation in Ramadan and access to congregate religious services.

In Hamilton v. Countant, 2016 U.S. Dist. LEXIS 25329 (SD NY, March 1, 2016), a New York federal district court dismissed a Rastafarian inmate's complaint that authorities seized religious items from the prison chapel, made alterations to the calendar on which the prison listed recognized religious holidays, and refused to provide the cornbread and grape juice required for him to take communion during the Rastafarian Fasika holiday.

In Jarrett v. Snyder, 2016 U.S. Dist. LEXIS 25277 (WD MI, Feb. 29, 2016), a Michigan federal district court permitted a Buddhist inmate to move ahead with his complaint that he was wrongfully removed from the vegetarian meal plan. The magistrate's opinion in the case is at 2016 U.S. Dist. LEXIS 25844, Jan. 11, 2016.

In Hoeck v. Miklich, 2016 U.S. Dist. LEXIS 25940 (D CO, March 1, 2016), a Colorado federal district court accepted a magistrate's recommendation (2015 U.S. Dist. LEXIS 176572, Oct. 26, 2015) and dismissed an inmate's claims that requiring him to change linens and move cells on the Sabbath, denying him an appropriate place to worship, and failing to classify Biblical Christianity as an independent religion violated RLUIPA. Plaintiff was however allowed to proceed on his First Amendment and state law challenges to these practices and his RLUIPA challenge to the grooming policy.

In Shaw v. Upton, 2016 U.S. Dist. LEXIS 26575 (SD GA, March 2, 2016), a Georgia federal magistrate judge recommended dismissing for failure to exhaust administrative remedies an inmate's claim that he was deliberately transferred to another facility to deny him access to a religious vegan diet.

In Tyler v. Lassiter, 2016 U.S. Dist. LEXIS 27161 (ED NC, March 3, 2016), a North Carolina federal district court held that a Jewish inmate's religious exercise was not substantially burdened when for disciplinary reasons he was placed on a vegetarian nutraloaf diet for one week instead of receiving his kosher meals.

In Johnson v. Lewis, 2016 U.S. Dist. LEXIS 27169 (WD NC, March 3, 2016), a North Carolina federal district court rejected a Hebrew Israelite inmate's complaints about the kosher diet he was receiving.

In Stiles v. Cook, 2016 U.S. Dist. LEXIS 27281 (WD NC, March 3, 2016), a North Carolina federal district court dismissed without prejudice for failure to exhaust administrative remedies a suit by a Native American inmate complaining that his "Indian prayer" materials were confiscated.

Beard Prohibition Deters Recruiting Jewish Military Chaplains

An August 26 article in The Forward points out that the severe shortage of Jewish chaplains in the military is exacerbated by the military's insistence that beards are not permitted. Only 29 Jewish chaplains are on active duty in the military. Many young Chabad-Lubavitch rabbis might be interested in enlisting if beards were permitted. Unlike some Orthodox Jewish groups which permit shaving with an electric razor, Chabad prohibits removal of facial hair by any means. The military insists however that beards interfere with the effective use of gas masks. One bearded Lubavitch rabbi does serve in the military, though, because he, as well as Sikhs with beards, who were in the service before 1986 were exempted from the requirement.