Keeping Kosher

• NCJ Number: 205778
• Journal: Law and Order Volume: 52 Issue: 5 Dated: May 2004 Pages: 96-98
• Author(s): Joe Devanney; Diane Devanney
• Date Published: May 2004
• Length: 3 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

In April 2002, the 10th Circuit Court of Appeals ruled that the Colorado Department of Corrections (CDOC) must provide kosher meals to inmates who adhere to the dietary commandments followed by orthodox Jews, without any co-payment from the inmates involved.

Abstract

Orthodox Jews follow specific laws regarding the kinds of food that may be eaten and the kinds that cannot be eaten. Fruits and vegetables are allowed, as are meats from cows and sheep or fish that have fins and scales. Forbidden foods include meats from animals with cloven hooves, such as pork. In addition, there are also special requirements regarding the methods by which the food is prepared. The kosher food must never come into contact with items that have been in contact with non-kosher foods, and the food must be served on plates and bowls and eaten with utensils that have not had non-kosher contact. Three Colorado inmates filed separate lawsuits in 1996 to require the CDOC to provide them with kosher meals in accordance with orthodox Jewish law and under the mandate of 42 U.S. C. Section 1983. In rendering its decision, the 10th Circuit Court of Appeals applied the four-prong test of a prison rule or policy developed by the U.S. Supreme Court in Turner v. Safley (1987). The prongs are whether a rational basis exists between the policy and a governmental interest; whether alternative ways of enforcing the policy exist; what would be the effect on the prison of allowing a prisoner to exercise the right at issue; and whether there are alternatives that accommodate the inmate's right. Based on these criteria, the 10th Circuit affirmed the decision of the lower court and directed CDOC to provide the plaintiffs, along with others so situated, with kosher meals. There would be no co-pay requirement. This decision indicates that the courts will act to balance the concerns of prison administrators with the rights of inmates.