Publication Date
7-2006
Document Type
Comment
Abstract
The Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") was enacted by Congress in response to the Supreme Court overruling the Religious Freedom Restoration Act of 1993 ("RFRA") and as an extension of the Civil Rights of Institutionalized Persons Act. RLUIPA is intended "to protect religious liberty" and prohibits discrimination based on religion in two areas: land use regulations and religious rights for institutionalized persons. Generally, the religious land use provisions prevent state and local governments from creating improper zoning restrictions that unduly prohibit religious organizations from holding meetings, locating in a specific area, or expanding their current building. The institutionalized persons provisions prohibit facilities from unduly burdening an inmate's religious practice by, for example, not supplying a diet the inmate can eat, not allowing the inmate to celebrate religious holy days, or prohibiting an inmate from possessing religious property.
Recommended Citation
Schnizler, Christina Harrison
(2006)
"The Religious Land Use and Institutionalized Persons Act of 2000 and Its Effect on Eleventh Circuit Law,"
Mercer Law Review: Vol. 57:
No.
4, Article 13.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol57/iss4/13