Cutter v. Wilkinson | |
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Argued March 21, 2005 Decided May 31, 2005 | |
Full case name | Jon B. Cutter, et al. v. Reginald Wilkinson, Director, Ohio Department of Rehabilitation and Correction, et al. |
Citations | 544 U.S. 709 ( more ) 125 S. Ct. 2113; 161 L. Ed. 2d 1020; 2005 U.S. LEXIS 4346; 73 U.S.L.W. 4397; 18 Fla. L. Weekly Fed. S 317 |
Case history | |
Prior | Defendants' motion to dismiss denied, Cutter v. Wilkinson, U.S. Dist. Ct. S.D. Ohio, Feb. 25, 2002; reversed and remanded, 349 F.3d 257 (6th Cir. 2003); rehearing denied, 2004 U.S. App. LEXIS 4294 (6th Cir., Mar. 3, 2004); cert. granted, 125 S. Ct. 308 (2004) |
Subsequent | District Court affirmed, 2005 U.S. App. LEXIS 19695 (6th Cir., Sept. 13, 2005) |
Holding | |
Section § 2000cc-1 of the Religious Land Use and Institutionalized Persons Act was not facially unconstitutional but was instead a permissible accommodation of religion under the First Amendment. Sixth Circuit reversed and remanded. | |
Court membership | |
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Case opinions | |
Majority | Ginsburg, joined by unanimous |
Concurrence | Thomas |
Laws applied | |
U.S. Const. amend. I; 42 U.S.C. § 2000cc-1 (Religious Land Use and Institutionalized Persons Act) |
Cutter v. Wilkinson, 544 U.S. 709 (2005), was a United States Supreme Court case in which the Court held that, under the Religious Land Use and Institutionalized Persons Act (RLUIPA), facilities that accept federal funds cannot deny prisoners accommodations that are necessary to engage in activities for the practice of their own religious beliefs.
RLUIPA prohibited the federal government from imposing a substantial burden on prisoners' freedom of religion. Five residents of an Ohio prison, which included two adherents of Asatru, a minister of the white supremacist Church of Jesus Christ–Christian, a Wiccan and a Satanist filed suit. [1] The men stated in federal district court that prison officials violated RLUIPA by failing to accommodate the inmates' exercise of their "nonmainstream" religions. Prison officials argued that the act "improperly advanced religion and thus violated the First Amendment's establishment clause which prohibited government from making laws "respecting an establishment of religion." The district court had originally rejected that argument and ruled for the inmates. The Sixth Circuit Court of Appeals had reversed the decision.
Did a federal law prohibiting government from burdening prisoners' religious exercise violate the First Amendment's establishment clause?
The Court returned a unanimous opinion, written by Justice Ginsburg, with a concurring opinion by Justice Thomas. Ruling in favor of the inmates, the Court held that, on its face, RLUIPA made an accommodation allowed by the First Amendment. The Court noted that constitutional problems could arise if RLUIPA were "enforced improperly and religious prisoners received favored treatment, or if religious exercise and security concerns were not properly balanced." [2]
The First Amendment to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
Engel v. Vitale, 370 U.S. 421 (1962), was a landmark United States Supreme Court case in which the Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment. The ruling has been the subject of intense debate.
The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488, codified at 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4, is a 1993 United States federal law that "ensures that interests in religious freedom are protected." The bill was introduced by Congressman Chuck Schumer (D–NY) on March 11, 1993. A companion bill was introduced in the Senate by Ted Kennedy (D-MA) the same day. A unanimous U.S. House and a nearly unanimous U.S. Senate—three senators voted against passage—passed the bill, and President Bill Clinton signed it into law.
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In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
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Cruz v. Beto, 405 U.S. 319 (1972), was a United States Supreme Court case in which the court upheld a Free Exercise claim based on the allegations that the state of Texas had discriminated against a Buddhist prisoner by "denying him a reasonable opportunity to pursue his Buddhist faith comparable to that offered other prisoners adhering to conventional religious precepts."
Jailhouse Jesus is the colloquial term for an observed psychological phenomenon of new inmates to 'find religion' during their incarceration. Whether it comes from a genuine desire to "repent", an appeal to authority, or other factors is a subject for debate.
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