CINCINNATI (CN) — The Michigan Department of Corrections cannot use a one-size-fits-all vegan meal option for inmates with religious dietary needs and instead must provide Jewish inmates with kosher meals and specific dairy products, the Sixth Circuit ruled Tuesday.
The decision upheld a lower court ruling in favor of the prisoners, who filed a class action in 2013 and prevailed on their claims that snacks provided by a prison commissary did not meet Jewish dietary requirements.
The MDOC initially contested the sincerity of the beliefs held by lead plaintiffs Gerald Ackerman and Mark Shaykin, but after a bench trial a federal judge granted them relief and ordered the prison system to provide kosher meals and cheesecake on the holiday of Shavuot.
The MDOC appealed to the Sixth Circuit and the case was argued before a three-judge panel in April.
Tuesday's decision was unanimous, and held the MDOC must accommodate the sincerely held beliefs of Jewish inmates under the Religious Land Use and Institutionalized Persons Act, or RLUIPA.
U.S. Circuit Judge John Nalbandian, a Donald Trump appointee, wrote the court's opinion and began by addressing the sincerity concerns voiced by the State of Michigan.
"Both [Ackerman and Shaykin] were raised eating kosher diets in Jewish households that included meat and dairy," Nalbandian said. "[Ackerman] said that failing to properly celebrate with these foods 'diminishes ... the fullness' and 'heartfelt meaning' of holiday celebrations."
Testimony before the trial court also included an affidavit from a rabbi about the importance of kosher meat and dairy products, and although such food is available from the commissary, the state's argument held little weight with the appeals court.
"Commissary purchases of meat wouldn't suffice because the Code of Jewish Law requires 'meat during the meal,' not as snacks or post-meal supplements," Nalbandian said.
He then moved to the prisoners' claim they require cheesecake for the Shavuot holiday, which he admitted was "trickier" than the meat and dairy issue.
Ackerman had testified before the trial court that a "glass of milk" would likely suffice for the holiday's dietary requirement, but the appeals court decided that because evidence in the record indicated it had been provided previously to inmates by a Jewish organization, it would leave the lower court's determination undisturbed.
The court then analyzed the burden imposed on the prisoners' exercise of their religious beliefs under RLUIPA, and although it admitted the commissary argument advanced by the state held "some appeal," the outright ban on meat and dairy products at mealtime was fatal to the MDOC's case.
"Even if a prison's choice to minimize burdens by allowing prisoners to earn wages and buy commissary items might in some case take the wind out of a prisoner's claim," the ruling states, "that's not what we have here. Even if these prisoners spent every last penny on beef sticks and dry milk, prison policy would still bar their religious exercise of eating those items as part of their meals."
The MDOC argued an expected annual cost of over $10,000 to satisfy the Jewish inmates' dietary needs gave it a legitimate reason to deny any accommodations, but the panel was nonplussed.
"The MDOC annual food budget is $39 million. And $10,000 is just a tiny .02% drop in that multi-million-dollar-food-budget bucket," Nalbandian quipped.
The judge also rejected the MDOC's claim that accommodations given to Jewish inmates would prompt other inmates to make dietary claims and result in a "spiraling cost" increase.
Nalbandian concluded the state's argument lacked specificity, and merely cited the 28 organized religions recognized under its prison system, and also pointed out that Ackerman and Shaykin seek only "low-cost supplementation," rather than an entire diet outside of the MDOC's standard fare.
The panel included another Trump appointee, U.S. Circuit Judge Chad Readler, as well as U.S. Circuit Judge Helene White, an appointee of George W. Bush.
Thomas Rheaume, attorney for the lead plaintiffs, said in a statement that the “Sixth Circuit rightly upheld the sincerely held religious beliefs of incarcerated persons.”
“The decision paves the way for a class of Jewish prisoners to eat religious meals in accordance with the precepts of their religion as opposed to non-conforming religious meals deemed sufficient by the state,” he said. “The accommodation of religion upheld today by the Sixth Circuit is consistent with RLUIPA’s purpose and should be lauded.”
A spokesperson for the Michigan Attorney General's Office said it is reviewing the ruling and declined to comment further.
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