Cutter v. Wilkinson

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Oral Argument
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Advocates
Paul D. Clement (argued the cause for Respondent United States, supporting petitioners)
Douglas R. Cole (argued the cause for Respondent Wilkinson)
David A. Goldberger (argued the cause for Petitioners)
Case Basics
Docket No.: 
03-9877
Petitioner: 
Jon B. Cutter, et al.
Respondent: 
Reginald Wilkinson, Director, Ohio Department of Rehabilitation and Correction, et al.
Opinion: 
544 U.S. 709 (2005)
Categories: 
establishment of religion

Cite this page
The Oyez Project, Cutter v. Wilkinson , 544 U.S. 709 (2005)
available at: (http://oyez.org/cases/2000-2009/2004/2004_03_9877)
Facts of the Case: 

The Religious Land Use and Institutionalized Persons Act (2000, RLUIPA) prohibited government from imposing a substantial burden on prisoners' religious exercise, unless the burden furthered a "compelling government interest." Prisoners in Ohio alleged in federal district court that prison officials violated RLUIPA by failing to accomodate the inmates' exercise of their "nonmainstream" religions. The 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 rejected that argument and ruled for the inmates. The Sixth Circuit Court of Appeals reversed.

Question: 

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

Conclusion: 

No. In a unanimous opinion delivered by Justice Ruth Bader Ginsburg, the Court held that, on its face, RLUIPA made an accommodation allowed by the First Amendment. The Court reasoned that the law was an effort to alleviate the "government-created burden" on religious exercise that prisoners faced. Nor did section three discriminate between mainstream and non-mainstream religions. The Court did point out that constitutional problems could arise if RLUIPA were enforced improperly and religious prisoners received favored treatment, or if religious exercise and security concerns were not properly balanced.

Decisions

Decision: 9 votes for Cutter, 0 vote(s) against
Legal provision: 42 U.S.C. 2000

Sort by Seniority

Voted with the majority
Stevens
Wrote the majority opinion
Ginsburg
Voted with the majority
Souter
Voted with the majority
Breyer
Voted with the majority
O'Connor
Voted with the majority
Kennedy
Voted with the majority
Rehnquist
Voted with the majority
Scalia
Wrote a regular concurrence
Thomas

Full Opinion by Justice Ruth Bader Ginsburg