Inmate Religious Rights Law Reaffirmed in High Court
The Supreme Court on Tuesday ruled unanimously that government accommodations of religious worship are not an unconstitutional form of favoritism.
In Cutter v. Wilkinson, the high court justices validated the constitutionality of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and overturned a Sixth Circuit Court of Appeal ruling that had found the law unconstitutional.
RLUIPA, designed to make it harder for government entities to block an individual’s religious rights, was signed into law under President Clinton in 2000 and received the backing of religious rights advocates across denominations and faiths.
These advocates celebrated the Supreme Court decision, saying it would have a far-reaching positive impact that goes beyond the prison walls.
“Cutter is a win for religious exercise in prison, but more importantly, it is a thumping victory for religion-only accommodations nationwide,” said Anthony Picarello, president and general counsel for the Becket Fund for Religious Liberty in a press statement.
Under RLUIPA, religious inmates will be provided special accommodations, including a special diet or dress, unless officials can show compelling reasons not to.
Opponents to the law said it could lead to disparities in the way the government treats those who are religious and those who are secular.
“The court fails to provide a theory of when it is impermissible for the state to treat religion better than the secular,” said Richard Schragger, an associate professor at the University of Virginia School of Law, in a press release. “It has thus invited Congress to adopt legislation in areas far beyond prison administration that will treat religiously motivated persons more favorably than others.”
However, the court rejected the view.
"Our decisions recognize that there is room for play in the joints between the two religion clauses of the First Amendment, some space for legislative action neither compelled by the Free Exercise Clause nor prohibited by the Establishment Clause," Justice Ruth Bader Ginsburg said in announcing the decision. RLUIPA "fits within the corridor between the two clauses."
