RLUIPA at Four: Evaluating the Success and Constitutionality of RLUIPA'S Prisoner Provisions
Gaubatz, Derek L., Harvard Journal of Law & Public Policy
I. INTRODUCTION II. RLUIPA'S LEGISLATIVE HISTORY AND THE HISTORICAL BACKGROUND OF PROTECTION OF RELIGIOUS EXERCISE OF PRISONERS III. HOW THE ACT OPERATES A. A Brief Overview of the Act B. The Elements of a Prisoner's Claim for Relief Under RLUIPA 1. RLUIPA's Merits Requirement--Demonstrating a Substantial Burden on Religious Exercise a. Substantial Burden b. Religious Exercise i. "Any" religious exercise is protected by RLUIPA ii. Actions Must Be "Religious" to Be Protected iii. Religious Exercise Need Not Be "Compelled" by a System of Religious Belief to Be Protected iv. Religious Exercise Need Not Be "Central" to a System of Religious Belief to Be Protected 2. RLUIPA's Jurisdictional Requirements-Demonstrating Either Spending Clause or Commerce Clause Jurisdiction a. Spending Clause Jurisdiction b. Commerce Clause Jurisdiction 3. RLUIPA's Exhaustion Requirement-- Demonstrating Compliance with the PLRA C. Defending Against a RLUIPA Claim 1. The Strict Scrutiny Test Applies 2. Unlike the Turner/O'Lone standard, RLUIPA Shifts the Burden of Proof to Defendants 3. Prison Administrators Will Not Be Able to Rely on Merely Legitimate or Important Interests 4. Prisoners can defeat assertions of a compelling government interest where the prison allow similar conduct that damages the asserted interest 5. How Strict Is RLUIPA's Strict Scrutiny Standard? D. RLUIPA's Remedies IV. THE SUCCESS OF RLUIPA CLAIMS ON THE MERITS A. Cases Challenging the Denial of a Religious Diet 1. Cases Challenging Prison Grooming and Clothing Policies B. Cases Challenging Restrictions on Group Worship and Special Ceremonies C. Cases Challenging Limits on access to Religious Literature and Devotional Items D. General Observations On the Record of Merits Claims Under RLUIPA In Its First Four Years V. RLUIPA Is A CONSTITUTIONAL EXERCISE OF CONGRESSIONAL POWER A. RLUIPA Section 3 Does Not Violate the Establishment Clause 1. RLUIPA Has a Secular Purpose 2. RLUIPA Does Not Have the Primary Effect of Advancing Religion a. RLUIPA does not cause the government to advance religious exercise itself, but rather to avoid interference with private religious actors as they advance religious exercise b. None of the rationales suggested by the Sixth Circuit and RLUIPA's critics distinguish RLUIPA from the myriad accommodations of religious exercise by the political branches that follow the best of our traditions i. The Establishment Clause Does Not Prohibit Law Passed Solely to Accommodate Religious Exercise ii. RLUIPA Does Not Have Any Impermissible Effects on the Religious Freedoms of Others iii. The Mandates of the Free Exercise Clause Are Not a Ceiling On Permissible Accommodation of Religious Exercise 3. RLUIPA Does Not Foster Excessive Entanglement With Religion B. RLUIPA Section 3 Is a Constitutional Exercise of Congress's Spending Power Under Article I 1. RLUIPA Is in Pursuit of the General Welfare 2. RLUIPA Places Unambiguous Conditions on the Receipt of Federal Funds 3. RLUIPA's Conditions Relate to a Legitimate Federal Interest 4. RLUIPA Does Not Violate Any Independent Constitutional Requirement C. RLUIPA Section 3 Is a Constitutional Exercise of Congress's …
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Publication information: Article title: RLUIPA at Four: Evaluating the Success and Constitutionality of RLUIPA'S Prisoner Provisions. Contributors: Gaubatz, Derek L. - Author. Journal title: Harvard Journal of Law & Public Policy. Volume: 28. Issue: 2 Publication date: Spring 2005. Page number: 501+. © 2009 Harvard Society for Law and Public Policy, Inc. COPYRIGHT 2005 Gale Group.
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