Cavanaugh said prison staff had repeatedly discriminated against him by not allowing him the right to meet for worship services and classes, to wear religious clothing and pendants and to receive communion.

In a postscript in his order, Gerrard said Cavanaugh did not explain what he meant, but it is clear from the FSM Gospel that "religious clothing" means a pirate costume and "communion" is a large portion of spaghetti and meatballs.

FSMism began with an Oregon man's 2006 letter to the Kansas State Board of Education when it was considering intelligent design. Bobby Henderson contended a Flying Spaghetti Monster just as easily could be the master intellect behind intelligent design as any Judeo-Christian deity, and there was just as much scientific evidence for it.

Gerrard said Tuesday that prison officials considered Cavanaugh's request in good faith "and concluded, reasonably, that FSMism was satirical and required no accommodation."

"This case is difficult because FSMism, as a parody, is designed to look very much like a religion," he said.

Gerrard said the court had been careful to avoid questioning Cavanaugh's beliefs, but noted that the question is not one of theology. Rather, he said, "it is a matter of basic reading comprehension."