Opinion
S275724
02-22-2023
RUPE (PAUL ANTHONY) ON H.C.
Order to show cause issued, returnable in Superior Court
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause, returnable before the Riverside County Superior Court, why petitioner is not entitled to relief on the grounds: (1) preventing him from eating and purchasing pork products while participating in the Religious Meat Alternate Program (Cal. Code Regs., tit. 15, § 3054.4) violates the Religious Land Use and Institutionalized Persons Act, the free exercise clauses of the state and federal Constitutions, and Penal Code sections 2600 and 5009; and (2) providing Jewish and Muslim inmates with free accommodation for their religiously mandated diets (see Cal. Code Regs., tit. 15, §§ 3054.4, 3054.5), while not providing such accommodation to inmates practicing Druidry, violates the equal protection clauses of the state and federal Constitutions. The return must be served and filed on or before March 24, 2023.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Jenkins, and Evans, JJ.