''Cutter v. Wilkinson'', 544 U.S. 709 (2005), was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case in which the Court held that, under the

Religious Land Use and Institutionalized Persons Act The Religious Land Use and Institutionalized Persons Act (RLUIPA), , codified as et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please and gives churches and oth ...

(RLUIPA), facilities that accept federal funds cannot deny prisoners accommodations that are necessary to engage in activities for the practice of their own

religious Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatur ...

beliefs. RLUIPA prohibited the

federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...

from imposing a substantial burden on prisoners' freedom of religion. Five residents of an

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prison, which included two adherents of

Asatru Heathenry, also termed Heathenism, contemporary Germanic Paganism, or Germanic Neopaganism, is a modern Pagan religion. Scholars of religious studies classify it as a new religious movement. Developed in Europe during the early 20th cent ...

, a minister of the

white supremacist White supremacy or white supremacism is the belief that white people are superior to those of other races and thus should dominate them. The belief favors the maintenance and defense of any power and privilege held by white people. White s ...

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, a

Wicca Wicca () is a modern Pagan religion. Scholars of religion categorise it as both a new religious movement and as part of the occultist stream of Western esotericism. It was developed in England during the first half of the 20th century and w ...

n and a

Satanist Satanism is a group of Ideology, ideological and Philosophy, philosophical beliefs based on Satan. Contemporary religious practice of Satanism began with the founding of the atheistic Church of Satan by Anton LaVey in the United States in 19 ...

filed suit. 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.

Question presented

Did a federal law prohibiting government from burdening prisoners' religious exercise violate the First Amendment's establishment clause?

Decision of the Court

The Court returned a unanimous opinion, written by

Justice Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...

, 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 The Religious Land Use and Institutionalized Persons Act (RLUIPA), , codified as et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please and gives churches and oth ...

were "enforced improperly and religious prisoners received favored treatment, or if religious exercise and security concerns were not properly balanced."

References

External links

*
Duke Law School page on Cutter v. Wilkinson
{{DEFAULTSORT:Cutter v. Wilkinson 2005 in religion 2005 in United States case law Ásatrú in the United States Establishment Clause case law Minority rights Satanism in the United States United States Supreme Court cases of the Rehnquist Court White supremacy in the United States Wicca in the United States United States Supreme Court cases 2000s in modern paganism

Question presented

Decision of the Court

See also

References

External links