Cutter v. Wilkinson

2005

Venue: SCOTUS

Facts: Prisoners claim their religious freedoms (protected under RLUIPA) are violated by regulations restricting their dress, meals, meetings, etc.

Posture: No information present.

Issue: Is RLUIPA § 3 (the Institutionalized Persons Provision) consistent with the Establishment Clause of 1A?

Holding: Yes.

Rule: The government can't establish a religion, but it can accomodate them, to some reasonable extent. (A prison accepting federal funds can't deny prisoners accomodations necessary for their religious practices; RLUIPA is not facially unconstitutional).

Reasoning: Not much, really. There is "room for play in the joints between the Free Exercise and Establishment clauses" (citing Locke v. Davey, and this means that a law saying, as RLUIPA does, that "no government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution," is OK.

Dicta: