The York, Pennsylvania prison has recorded a sudden upsurge in “Jewish” prisoners, along with a much higher food budget following their demands for kosher food.

The law requires serving kosher food to Jews who request it, but that does not cover the non-Jews. Kosher food has to be prepared outside the prison and costs up to four times the price of a non-kosher meal. Multiply the difference by the 140 “kosher” prisoners and the result is an additional $100,000 a month.

Acting York County Solicitor Donald Reihart said during a recent prison board meeting that the prisoners think kosher food is better, which may or may not be the case.

Rabbi Jeffrey Astrachan of York’s Temple Beth Israel, York’s largest Jewish congregation, told York media, “It’s more expensive to prepare a kosher meal because of the processes that are involved with the slaughtering and the preparation of the food, but it doesn’t necessarily mean that the food is any better.

“You could give someone two pieces of bread and a piece of cheese and that could be a kosher meal. It doesn’t mean you’re going to get some brisket or matzo ball soup. They could get a kosher meal that still tastes horrible.”

His congregation has approximately 600 people, one percent of whom keep kosher, he added. There is no orthodox Jewish synagogue in the city, so that leaves the question of how many “outsiders” in the prison are Jewish, which has a population of approximately 2,400. Nearly 1 percent claim they are Jewish, which means there are a whole lot of Jews from elsewhere, or more likely, there are a lot of fakes.

Prison officials are trying to figure out to solve the problem. Some of the Jewish wanabees give themselves away quickly, switching back and forth every so often from kosher to non-kosher meals. Apparently, they just can’t give up the bacon and eggs.

A “circumcision check” would not solve the problem because there are plenty of non-Jews who are circumcised. On the other hand, prison officials could tell those who are not circumcised and who claim they are Jewish that they must get a quick operation on you know where. That would probably work.

That the leaves the question of those who are circumcised but are not Jewish. Their birth certificates could be checked, but then there is the question of those who claim they converted.

Linda Seligson, the cultural director at York’s Jewish Community Center, has an even better idea to get rid of the phony Jews. Simply wait for Passover and see how many of the inmates can get along eating matzah for eight days and sticking to a diet of potatoes and more potatoes because of the Ashkenazi restriction on eating “kitniyot,” such as corn and other grains.

So much for the “food of freedom” for prisoners.

But what about the Sephardim, who do not hold by that custom?

York Daily Record columnist Mike Argento has a better solution. He reminds readers that being a Jew is not all matzo balls and gravy.

If the inmates stay Jewish long enough, they will encounter anti-Semitism, and then the prison budget will go back to where it was.

Max Moussazadeh, a convicted murderer, has won the right to have kosher food provided to him.  The U.S. 5th Circuit Court of Appeals reversed the lower court’s ruling which found that Moussazadeh’s request for kosher food was “insincere,” and instead ruled that to deny him kosher food would constitute an infringement on his religious beliefs.

Moussazadeh was convicted and sentenced to 75 years in prison for his part in the fatal shooting of a Texas man in 1993.  The victim was shot to death by three of Moussazadeh’s accomplices, while he served as the lookout during a robbery in Houston.

Although Moussazadeh was incarcerated at a prison in Rosharon, Texas, which had a “kosher kitchen,” he was later transferred to another facility where kosher products were available for purchase, but which did not provide free kosher meals for its inmates.

In his original legal filing on July 15, 2005, Moussazadeh complained that he was “forced to eat non kosher foods” and asked that he be “allowed to receive kosher meals because it is part of [his] religious duty.” He claimed that he was born and raised Jewish, and that his family kept a kosher household.  He also claimed that his faith required him to “eat kosher foods,” and not being able to do so forced him to violate his religious beliefs, for which he believed “God would punish” him.

The lower court had rejected Moussazadeh’s request at least in part because it found that his religious beliefs were not sincere, but the Court of Appeals found that,

In addressing whether Moussazadeh’s religious beliefs were sincere, the district court looked to his words and actions but incorrectly concluded that those factors established insincerity ‘as a matter of law.  ’ The court decided that Moussezadeh was insincere based on a combination of three findings.  First it found that he purchased “nonkosher” food items including cookies, soft drinks, coffee, tuna, and candy.

The Court rebuked the lower court for failing to understand that there is a difference between food certified as kosher and food that is not certified as such.  In its opinion, the Court of Appeals found that the lower court incorrectly “concluded that items that were not certified as kosher were per se not kosher, but, as Moussazadeh and amicus curaie relate, a certificate does not render food kosher or nonkosher.”  As a matter of American law, “Individuals may practice their religion in any way they see fit, and ‘it is not for the Court to say it is an unreasonable one.’”

Most state prisons and the federal government provide a kosher diet to all observant inmates, while Texas remains one of only 15 states that do not.  According to The Becket Fund for Religious Liberty, which was co-counsel for this case with Latham & Watkins, “the cost of feeding all observant Jewish inmates in its prison system would be less than 0.02% of its annual food budget.”

“If thirty-five states and the federal government can provide kosher diets to all of their observant Jewish inmates, there is no reason Texas cannot do the same,” said Luke Goodrich,  Deputy General Counsel of the Becket Fund.

The case was sent back to the lower court to determine whether there was an alternative way of providing Moussazadeh with kosher food which was less expensive and addressed any security issues.