Charles Oren ANDERSON, Plaintiff-Appellant, v. Ron ANGELONE, Et Al., Defendant-Appellee

Charles Oren Anderson, a minister of the Universal Life Church, sued under 42 U.S.C. § 1983 to challenge three Department of Prisons Administrative Regulations which forbade him from leading a congregation of inmates. The district court dismissed Anderson’s action, finding that it did not state a claim under the First Amendment as set forth in Turner v. Safley, 482 U.S. 78 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987). Anderson appealed, contending: (1) that the district court treated the government’s motion to dismiss as a motion for summary judgment without explaining how motions for summary judgment operate; (2) that the district court erred in any event by dismissing his claim under Turner , and (3) that the district court should address his claim under the Religious Freedom and Restoration Act (“RFRA”), 42 U.S.C. §§ 2000bb et seq. In response, the Prison Director Ron Angelone argues that RFRA is unconstitutional as it violates both the Establishment Clause and the separation of powers doctrine. We reverse on the first ground raised by Anderson.

I.

Charles Anderson is an inmate at the Southern Desert Correctional Center in Nevada. On March 1, 1993, he was ordained a minister by…