Cutter v. Wilkinson

Cutter v. Wilkinson
Cutter v. Wilkinson
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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)
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 membership
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)[1], 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.[2]

The Court returned a unanimous opinion, written by Justice Ginsburg, with a concurring opinion by Justice Thomas.

See also

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