In Baxter v. San Berdino County, (CD CA, May 5, 2026), a California federal magistrate judge recommended dismissing plaintiff's challenges to a refusal by the county to grant him a permit to bury the remains of his father on his own property. The court rejected plaintiff's RLUIPA claim. RLUIPA would apply here only if the land use regulation involved the government's making an individualized assessment of the proposed use of the land. According to the court, "Plaintiff's permit was denied pursuant to non-discretionary health and safety statutes."
The court rejected plaintiff's First Amendment free exercise claim because the statute requiring burial of human remains in a cemetery is neutral and generally applicable. It rejected his equal protection argument because there were no facts indicating religious discrimination against him. It rejected his procedural due process claim because Plaintiff did not allege facts that establish a property interest in the human remains.
