Fox v. Washington, No. 19-1398 (6th Cir. 2020)
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Plaintiffs, Michigan inmates adhere to a religion called Christian Identity. Plaintiffs believe that their religion requires the observance of seven “Biblical Holy Days,” weekly group worship on the Sabbath, baptism by full-body immersion, and that Caucasians not mix with other races “in marriage and worship” and that people of different races not cohabitate. In other areas of life, plaintiffs apparently have no objection to interacting with people of other races. Plaintiffs contend they cannot engage in group worship because the Department of Corrections does not recognize Christian Identity as a religion. While they are allowed to attend the services of other religions that have been recognized, they do not because of the differences between Christian Identity and other faiths. One inmate believes that not being baptized “affects [his] salvation of [his] eternal soul." The district court rejected a challenged under the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. 2000cc (RLUIPA).
The Sixth Circuit reversed. The sincerity of the plaintiffs’ beliefs is not at issue. Under RLUIPA’s second step, the plaintiffs have established that the policy substantially burdens their exercise of religion. At step three, the burden shifts to the Department to prove that the imposition of the substantial burden on plaintiffs’ religious exercise was “in furtherance of a compelling governmental interest” and that it used “the least restrictive means of furthering that compelling governmental interest.” The district court made no findings on those questions.
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