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Religious Liberty in Prisons under the Religious Land Use and Institutionalized Persons Act following Holt v Hobbs

An Empirical Analysis

Bibliographic Data

ID4313504
AuthorsLewis M Wasserman (The University of Texas at Arlington), John P Connolly (0000-0002-5834-3319, The University of Texas at Arlington), Kent R Kerley (The University of Texas at Arlington, corresponding author)
Year2018
Volume9
Issue7
Pages210
Publication date2018-07-07
Open AccessYes
TypeARTICLE
VenueReligions (JOURNAL)
Journal identifiersISSN: 2077-1444 • E-ISSN: 2077-1444
PublisherMDPI AG (PUBLISHER • IT)
DOI10.3390/rel9070210
OpenAlexW2834920835
LanguageEN

Religion in the United States remains a consistent source of conflict not only because of the breadth and depth of personal religious commitment, but also because of guarantees from the United States Constitution. The First Amendment protects religious Free Exercise but also constrains federal, state, and local governments from establishing official government religions, endorsing religions or religion itself. Despite the risk of potential conflicts with the constitution's text, Congress has supported laws that expand religious liberty. One such example is the Religious Land Use and Institutionalized Persons Act (2000), which significantly enhanced prisoners' right to religious exercise above the minimum provided by the First Amendment. In the 2015 case of Holt v. Hobbs, the Supreme Court ruled in favor of a Muslim prisoner who had been denied his request for religious accommodations under RLUIPA because the prison failed to satisfy the act's strict scrutiny standard before it denied accommodations to a prisoner to practice his faith. Via an analysis of case law since Holt v. Hobbs was decided in January 2015 until March 2018, we investigate the extent to which Holt has affected judicial voting in RLUIPA cases and how such voting may have been influenced by judges' ideological dispositions

Constitution · Faith · First amendment · Free Exercise Clause · Ideology · Political science · Politics · Prison · Religious organization · Scrutiny · Sociology · Supreme court · Voting · American Constitutional Law and Politics · Law · Legal Cases and Commentary · Legal Systems and Judicial Processes

Highly citedNo

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