9th Circuit Reinstates Claim of Christian-Israelite Inmate Who Was Refused Passover Diet

In Fuqua v. Raak, (9th Cir., Nov. 1, 2024), the U.S. 9th Circuit Court of Appeals partially reversed an Arizona federal district court's dismissal of a suit by Michael Fuqua, a Christian-Israelite (Christian Identity) state prison inmate who was refused Passover dietary meals. The prison chaplain and other prison officials denied Fuqua's request for a Kosher for Passover diet on the ground that Fuqua's belief that Christian-Israelites were descended from the Tribes of Israel was wrong.  Officials said that supporting materials furnished by Fuqua suggested that he only needed to observe Passover with a memorial service using flatbread and grape juice. In reversing the trial court's grant of summary judgment to defendants on Fuqua's free exercise and equal protection claims, the court said in part:

... [W]e conclude that a reasonable trier of fact could find that Fuqua was denied his requested dietary accommodation, not based on his failure to follow a neutral and valid procedural rule for requesting accommodations, but rather based on [Chaplain] Lind’s own theological assessment of the correctness and internal doctrinal consistency of Fuqua’s belief system.

The court however affirmed the trial court's grant of summary judgment for defendants on Fuqua's RLUIPA claim, saying in part:

that the Spending Clause does not allow Congress to impose individual damages liability on state or local officials who are not themselves the recipients of federal funds.

In Fuqua v. Ryan, (9th Cir., Nov. 1, 2024) (unpublished), the 9th Circuit upheld the dismissal of Fuqua's free exercise claims against two correctional officers because there was no evidence that they were personally involved in the challenged actions. It upheld dismissal of claims against the kitchen manager on qualified immunity grounds. It also upheld the trial court's refusal to allow Fuqua to read from his Bible on the witness stand, saying in part:

The district court did not abuse its discretion in holding that, while Fuqua could explain the sincerity of his religious beliefs by reference to relevant scriptural passages, he did not need to have a physical Bible with him on the stand or to read the relevant passages verbatim.

President Biden Issues Passover Statement

Passover begins this evening. Yesterday President Biden issued a Statement on Passover (full text) which says in part:

Tomorrow night, Jews around the world will celebrate Passover, recounting their miraculous Exodus story from hundreds of years of enslavement in Egypt and their journey to freedom. This holiday reminds us of a profound and powerful truth: that even in the face of persecution, if we hold on to faith, we shall endure and overcome....

My commitment to the safety of the Jewish people, the security of Israel, and its right to exist as an independent Jewish state is ironclad. My Administration is working around the clock to free the hostages, and we will not rest until we bring them home. We are also working to establish an immediate and prolonged ceasefire in Gaza as a part of a deal that releases the hostages and delivers desperately needed humanitarian aid to Palestinian civilians. We will continue to work toward a two-state solution that provides equal security, prosperity, and enduring peace for Israelis and Palestinians. And we are leading international efforts to ensure Israel can defend itself against Iran and its proxies, including by directing the U.S. military to help defend Israel against Iran’s unprecedented attacks last weekend.

The ancient story of persecution against Jews in the Haggadah also reminds us that we must speak out against the alarming surge of Antisemitism – in our schools, communities, and online. Silence is complicity. Even in recent days, we’ve seen harassment and calls for violence against Jews. This blatant Antisemitism is reprehensible and dangerous – and it has absolutely no place on college campuses, or anywhere in our country. My Administration will continue to speak out and aggressively implement the first-ever National Strategy to Counter Antisemitism, putting the full force of the federal government behind protecting the Jewish community....

Biden Marks Passover by Announcing Upcoming Release of National Strategy to Combat Antisemitism

Passover begins this evening. To mark the holiday, President Biden published an Op Ed (full text) on CNN (also posted on the White House website) titled "To fight antisemitism, we must remember, speak out and act". In it he announced that the federal government will be releasing the first-ever national strategy to counter antisemitism.  In the op-ed, after recounting a number of instances of antisemitism, the President went on to say in part:

These acts are unconscionable and despicable. They carry in them terrifying echoes of the worst chapters in human history. And they’re not only a strike against Jews, they’re also a threat to other minority communities and a stain on the soul of our nation.

To the Jewish community, I want you to know that I see your fear, your hurt and your concern that this venom is being normalized.... 

Rest assured that I am committed to the safety of the Jewish people. I stand with you. America stands with you. Under my presidency, we continue to condemn antisemitism at every turn. Failure to call out hate is complicity. Silence is complicity. And we will not be silent....

But government alone cannot root out antisemitism and hate. All Americans, including businesses and community leaders, educators, students, athletes, entertainers and influencers must help confront bigotry in all its forms. We must each do our part to create a culture of respect in our workplaces, in our schools, on our social media and in our homes.

11th Circuit: Jail's Procedure For Passover Participation Is Upheld

In Dorman v. Chaplain's Office BSO, (11th Cir., June 10, 2022), the U.S. 11th Circuit Court of Appeals upheld the procedures used by the Broward County, Florida jail that required inmates to register 45 days in advance in order to participate in Passover services and meals.  The court said in part:

First, the 45-day registration requirement did not constitute a substantial burden on Mr. Dorman’s exercise of his Jewish faith under the RLUIPA, and therefore it also did not violate the First Amendment’s more lenient reasonableness standard. Second, the electronic posting of the 45-day registration requirement on the Jail’s computer kiosk, which he and other inmates used to communicate with Jail staff, provided adequate notice of the registration requirement to satisfy due process.

White House Issues Two Holiday Statements

The White House this morning issued two holiday statements. It announced (full text) the theme and activities for for the 2022 Easter Egg Roll to be held on April 18, saying in part:

The White House announced today the full program of activities for the 2022 White House Easter Egg Roll, a tradition dating back to 1878.  A teacher for more than 30 years, First Lady Jill Biden created this year’s event theme, “EGGucation!,” with the South Lawn to be transformed into a school community, full of fun educational activities for children to enjoy.

President Biden also issued a Statement on Passover (full text), saying in part:

This Passover, we hold in our hearts the people of Ukraine and those around the world whose heroic stand against tyranny inspires us all. The enduring spirit of this holiday continues to teach us that with faith, the driest desert can be crossed, the mightiest sea can be split, and hope never stops marching towards the promised land. 

Second Gentleman Emhoff Is At Center Of White House Passover Celebrations

The Jewish festival of Passover begins at sundown this evening. Yesterday, the White House held a virtual Seder which was streamed live and is available on YouTube. Labelled "The People's Seder," Jewish Americans from around the country spoke or made presentations.  The Seder was hosted by Second Gentleman Doug Emhoff and was emceed by Chanan Y. Weissman, the White House’s liaison to the Jewish community. Tonight, Vice President Harris and Emhoff, who is Jewish, will host a Seder at the Vice President's official residence. According to CNN:

Harris told Israeli President Isaac Herzog during their phone call Thursday that she would hold a Seder in person at the Naval Observatory, according to a White House official.

The official said Harris and Emhoff will be joined by Jewish members of their staff and their loved ones.

Emhoff Hosts Online White House Seder

As reported by The Forward, the White House yesterday held an online Passover Seder hosted by Second Gentleman Douglas Emhoff, the first Jewish spouse of a President of Vice-President.  President Joe Biden delivered brief remarks during the one-hour program in which Los Angeles Rabbi Sharon Brous led the nearly 10,000 online viewers through the major parts of the Seder. Various White House staffers took participated in the presentation.

Israel's High Court Invalidates Ban On Bringing Chametz Into Hospitals During Passover

Jerusalem Post reports that yesterday Israel's High Court of Justice, in a 2-1 decision, invalidated the Chief Rabbinate's ban on patients and visitors bringing food that is not kosher for Passover (chametz) into patients' hospital rooms.  It also invalidated the order to search those entering hospitals during Passover for chametz. According to the paper's report:

In a majority ruling, judges Uzi Vogelman and Ofer Grosskopf wrote that the ban harms the fundamental rights for the autonomy of the individual and freedom of religion.

They wrote that it also harms the dignity of patients and their right to self-determination and the exercise of their own choices and preferences.

White House Easter-Passover Greetings and Events

The White House today released a YouTube video of President Trump's Message for Passover and Easter. In a press release today the White House also summarized the events that will be part of the annual White House Easter Egg Roll, hosted by First Lady Melania Trump on April 2.  The event will be live streamed on the WH Info website.

Trump Will Host White House Passover Seder

Times of Israel reports that President Donald Trump will host a White House Passover Seder tonight, continuing a tradition begun by President Barack Obama in 2009.

Former Kosher Supervisor At Manischewitz Sues Over Pressure To Compromise Standards

A lawsuit was filed Wednesday in state court in New York by Rabbi Yaakov Horowitz who was a kosher supervisor for the Union of Orthodox Jewish Congregations ("OU") and who certified products of Manischewitz Co.-- a major producer of Passover foods-- for more than 20 years.  As reported by NJ Advance Media and AP, the suit, filed just days before Passover, claims that Horowitz was forced to take a long leave of absence after complaining that he was being pressured by the OU to be more lax in his inspections of certain products.  Horowitz claims that OU cooperated because it was afraid that Manischewitz would move to a different kosher certifying agency.  Manischewitz denies the charges. The lawsuit seeks millions of dollars in damages for emotional distress and damage to reputation.

White House Passover Seder Will Be Late

Passover begins this evening.  President Obama has made it a practice to host a Passover Seder in the White House every year, building on a Seder he attended in Pennsylvania during the 2008 primary season when he was first running for President.  That Seder, in a hotel, was organized by Jewish members of his campaign staff. The Forward reports that this year the President's Seder will be late since he is in Saudi Arabia through this weekend attending a regional cooperation summit.  So the White House Seder will be held next week, still during Passover but not on one of the first two nights when Seders are usually held.

UPDATE: Here is the President's Passover message to the Jewish community, noting that this year will be their last Seder in the White House.

Easter/ Passover Stories From The Weekend

On Friday, the White House released a statement (full text) from the President sending Good Friday and Easter wishes, and indicating that the President will be hosting the annual Easter prayer breakfast on Tuesday.  The statement reads in part:

Michelle and I join our fellow Christians around the world in observing Good Friday and celebrating Easter this weekend. With humility and awe, we give thanks for the extraordinary sacrifice that Jesus made for our salvation. We rejoice in the triumph of the Resurrection. And we renew our commitment to live as He commanded ...

On Saturday, the White House posted a video message from the President sending Passover and Easter wishes.

On Friday, the White House posted a photo of this year's annual White House Seder along with a detailed menu for the evening.

A traditional Passover ritual is the "selling of chametz"-- a symbolic transfer of ownership of food that does not meet Passover standards so an individual will not own leavened foods during the holiday period. JTA reported Friday:

For the past 15 years [the Israeli government] has been symbolically selling all the chametz from state-owned companies, the prison service and Israel’s national emergency supply to Hussein Jabar, an Arab-Israeli resident of Abu Ghosh. It then buys it all back after the holiday is over. The price tag? $5,000.

Obama To Host Annual White House Seder Tonight

Tonight, the first might of Passover, President Obama will continue his annual tradition of holding a Seder for a small group of family and friends at the White House.  Yesterday's Boston Globe recounts the origins of the White House tradition-- a makeshift Seder held in a hotel basement, put together by campaign staff during the 2008 Pennsylvania Democratic primary campaign. Now-Massachusetts State Senator Eric Lesser was one of those staffers.  He and a number other of those former staffers continue to attend each year.  As reported by The Hill, Obama sees the Seder as a way for his daughters to experience the Exodus story.  Over the years, the reading of the Emancipation Proclamation has been added as part of the White House's ceremony.