Cutter v. Wilkinson

2005

Venue: SCOTUS

Facts: RLUIPA and marginal religions in prison populations.

Posture: Unclear

Issue: Do the prisoners' requests for accomodations for their free exercise ask the state to take actions that would amount to establishment?

Holding: No.

Rule: RLUIPA fits in the corridor between the religion clauses; on its face it's not unconstitutional.

Reasoning: The accomodations generally aren't much, and they're things already granted to other religions. This doesn't elevate prisoner requests above concerns for prison security and safety.

Dicta: