- Cutter v. Wilkinson
Cutter v. Wilkinson
Supreme Court of the United States
Argued March 21, 2005
Decided May 31, 2005
Full case name Jon B. Cutter, et al. v. Reginald Wilkinson, Director, Ohio Department of Rehabilitation and Correction, et al. Citations 544 U.S. 709 (more)
125 S. Ct. 2113;161 L. Ed. 2d 1020;2005 U.S. LEXIS 4346;73 U.S.L.W. 4397;18 Fla. L. Weekly Fed. S 317
Prior history Defendants' motion to dismiss denied, Cutter v. Wilkinson, U.S. Dist. Ct. S.D. Ohio, Feb. 25, 2002; reversed and remanded, 349 F.3d 257 (6th Cir. 2003); rehearing denied, Cutter v. Wilkinson, 2004 U.S. App. LEXIS 4294 (6th Cir., Mar. 3, 2004); cert. granted, 125 S. Ct. 308 (2004) Subsequent history District Court affirmed, 2005 U.S. App. LEXIS 19695 (6th Cir., Sept. 13, 2005) Holding Section § 2000cc-1 of the Religious Land Use and Institutionalized Persons Act was not facially unconstitutional but was instead a permissible accommodation of religion under the First Amendment. Sixth Circuit reversed and remanded. Court membershipChief Justice
William RehnquistAssociate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions Majority Ginsburg, joined by unanimous Concurrence Thomas Laws applied U.S. Const. amend. I; 42 U.S.C. § 2000cc-1 (Religious Land Use and Institutionalized Persons Act)
Cutter v. Wilkinson, 544 U.S. 709 (2005), is a case decided by the United States Supreme Court on May 31, 2005, which holds that under the Religious Land Use and Institutionalized Persons Act (RLUIPA), prisoners in facilities that accept federal funds cannot be denied accommodations necessary to engage in activities for the practice of their own religious beliefs.
The case was brought by five residents of an Ohio prison, which included two adherents of Asatru, a minister of the white supremacist Church of Jesus Christ Christian, a Wiccan and a Satanist.
The Court returned a unanimous opinion, written by Justice Ginsburg, with a concurring opinion by Justice Thomas.
- ^ 544 U.S. 709 Full text of the opinion from Findlaw.com.
- Duke Law School page on Cutter v. Wilkinson
- Summary of case from OYEZ
- Minority rights
- Neopaganism in the United States
- United States First Amendment case law
- United States free exercise of religion case law
- United States Supreme Court cases of the Rehnquist Court
- 2005 in United States case law
- 2005 in religion
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