Today marks the 10th anniversary of a landmark bill protecting the free exercise of religion. The Religious Land Use and Institutionalized Persons Act (RLUIPA) was signed in 2000 by President Bill Clinton. This law addresses two areas where conflicts between government and religion often arise: land use and those confined to government institutions such as prisons. The passing of this law directly benefited Sikhs; in Guru Nanak Sikh Society of Yuba City vs. County of Sutter the judge found that Sutter County had violated RLUIPA and upheld the constitutionality of RLUIPA’s land use provisions, allowing the gurdwara in Yuba City, California to be built. The law forbids state and local governments from imposing a substantial burden on the free exercise of religion in cases of land use restrictions and institutions such as prisons, hospitals and group homes, unless they can demonstrate that imposition of such a burden is the least restrictive means of furthering a compelling government interest. In a report on the 10th anniversary released by the U.S. Department of Justice, the Department noted that RLUIPA “has had a positive impact on protecting the religious freedom of a wide range of faith groups, and had a particularly significant impact protecting the religious freedom of minorities.” The Department reported that: • It has opened 51 RLUIPA land use investigations, filed seven lawsuits, filed 10 amicus briefs, and intervened in 71 lawsuits to defend RLUIPA’s constitutionality. • Jewish, Muslim and Buddhist land use cases made up a disproportionate number of its RLUIPA investigations —13 times their representation in the population. • Half of its land use investigations involving Christians have involved racial or ethnic minorities. • Of the 18 land use matters involving Muslims it has reviewed, eight have been opened since May of this year. When private lawsuits are factored in, the report states that “thousands of individuals and institutions from a wide range of faith traditions” have been actively protected by RLUIPA in its 10 years of existence. RLUIPA was introduced in the U.S. House by Rep. Charles Canady, R-Fla., and co-sponsored by Reps. Jerrold Nadler, D-N.Y., and Chet Edwards, D-Texas. It was introduced in the Senate by Sen. Orrin Hatch, R-Utah, and the late Sen. Edward Kennedy, D-Mass. The measure passed Congress on July 27, 2000, and was signed into law by President Bill Clinton on September 22, 2000. In signing the bill, Clinton thanked members of the coalition for the “central role they played in crafting the legislation.” The law was challenged before the U.S. Supreme Court in 2005 in Cutter v. Wilkinson. The case reached the Supreme Court after members of Satanist, Wicca and other non-mainstream religions sued Ohio‘s corrections department, claiming its officials denied them opportunities to gather for worship or use particular religious ceremonial items. The High Court ruled unanimously that the section of RLUIPA dealing with prisoners does not violate the Establishment Clause. “RLUIPA … protects institutionalized persons who are unable freely to attend to their religious needs and are therefore dependent on the government’s permission and accommodation for exercise of their religion,” wrote Associate Justice Ruth Bader Ginsburg for the Court.
