UPDATE: Becket Fund Victory in Boston's First Circuit Court of AppealsMay 14, 2008 Today, based on the arguments set forth by the Becket Fund for Religious Liberty, the First Circuit Court of Appeals in Boston dismissed the appeal of Rosario Guzzi v Thompson, to receive kosher food in prison.
Stating “equitable considerations favor vacatur of the action,” the court threw out the decision of the lower court.
Eric Rassbach, the Becket Fund’s National Litigation Director, was invited by the First Circuit to brief and argue, as a friend of the court.
The case, Guzzi v. Thompson, involves a prison inmate who requested kosher meals based upon his personal non-Jewish beliefs. The state denied his request because he is not Jewish.
On February 8, Rassbach told the court “governments should not be deciding whether a religious belief is orthodox.”
After argument, Massachusetts relented and began providing Guzzi with kosher food, as he requested.
“This is a victory for all who think that the courts should stick to legal questions and not theological ones,” said Rassbach. “We are pleased that the court threw out the legal precedent of the lower court.”
The Becket Fund for Religious Liberty is a nonpartisan, interfaith, public-interest law firm dedicated to protecting the free expression of all religious traditions.
To arrange an interview with a Becket Fund attorney, contact Tom Carter at 202-349-7205, or 202-538-2044 (cell) or becketfund.carter@gmail.com.
For more information about The Becket Fund see www.becketfund.org.
See previous postings on Guzzi here.
Read First Circuit Guzzi Decision here.
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