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| Another appeals court upholds inmates' religious rights |
| By BP News |
| Published: 12/13/2004 |
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The federal judiciary has delivered another victory for prisoners' religious rights. The 11th Circuit Court of Appeals ruled the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not violate the First Amendment's ban on government establishment of religion. The court became the fourth federal court of appeals to uphold RLUIPA. The Fourth, Seventh and Ninth circuits also have ruled in favor of the law's prisoners provision. The Sixth Circuit is the only appeals court to strike down the law, and the Supreme Court has agreed to review that decision to determine RLUIPA's constitutionality. Oral arguments in the case, which is Cutter v. Wilkinson, have yet to be scheduled by the high court but will be heard in February or later. RLUIPA, which was signed into law by President Clinton in 2000, bars government policies that substantially burden free exercise of religion by prisoners and, in land-use cases, by a person or institution. The government, however, can receive an exemption if it can demonstrate it has a compelling interest and is using the least restrictive means to advance that interest. The 11th Circuit's Dec. 2 affirmation of RLUIPA came in Benning v. Georgia, which involves the state prison system's refusal of an inmate's requests to practice his Jewish faith. Ralph Benning asked prison officials to allow him to wear a yarmulke and eat only kosher food. When his requests were denied, Benning submitted an internal grievance that was rejected by prison officials before he filed a lawsuit under RLUIPA. RLUIPA's prisoners provision passes the Lemon test, the three-part examination established by the Supreme Court in establishment clause cases, a three-judge panel ruled. It has a secular purpose, does not promote or inhibit religion, and does not excessively entangle the state with religion, the judges said. The 11th Circuit consists of federal courts in Alabama, Florida and Georgia. |
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