cutter
et
al
wilkinson
director
ohio
department
rehabilitation
correction
et
argued
march
decided
may
section
religious
land
use
institutionalized
persons
act
rluipa
provides
part
government
shall
impose
substantial
burden
religious
exercise
person
residing
confined
institution
unless
burden
furthers
compelling
governmental
interest
least
restrictive
means
petitioners
current
former
inmates
ohio
state
institutions
allege
inter
alia
respondent
prison
officials
violated
failing
accommodate
petitioners
exercise
nonmainstream
religions
variety
ways
respondents
moved
dismiss
claim
arguing
among
things
face
improperly
advances
religion
violation
first
amendment
establishment
clause
rejecting
argument
district
stated
rluipa
permits
safety
security
undisputedly
compelling
state
interests
outweigh
inmate
claim
religious
accommodation
thin
record
find
enforcement
rluipa
inevitably
compromise
prison
security
reversing
interlocutory
appeal
sixth
circuit
held
impermissibly
advances
religion
giving
greater
protection
religious
rights
constitutionally
protected
rights
suggested
affording
religious
prisoners
superior
rights
might
encourage
prisoners
become
religious
held
section
rluipa
face
qualifies
permissible
accommodation
barred
establishment
clause
pp
foremost
compatible
establishment
clause
alleviates
exceptional
burdens
private
religious
exercise
see
board
ed
kiryas
joel
village
school
dist
grumet
furthermore
act
face
founder
shoals
prior
decisions
identified
properly
applying
rluipa
courts
must
take
adequate
account
burdens
requested
accommodation
may
impose
nonbeneficiaries
see
estate
thornton
caldor
must
satisfied
act
prescriptions
administered
neutrally
among
different
faiths
see
kiryas
joel
religion
often
involves
belief
profession
performance
physical
acts
assembling
others
worship
service
participating
sacramental
use
bread
wine
employment
dept
human
resources
smith
section
covers
institutions
mental
hospitals
prisons
like
government
exerts
degree
control
unparalleled
civilian
society
severely
disabling
private
religious
exercise
rluipa
thus
protects
institutionalized
persons
unable
freely
attend
religious
needs
therefore
dependent
government
permission
accommodation
exercise
religion
act
elevate
accommodation
religious
observances
institution
need
maintain
order
safety
accommodation
must
measured
override
significant
interests
see
caldor
lawmakers
supporting
rluipa
mindful
urgency
discipline
order
safety
security
penal
institutions
anticipated
courts
apply
act
standard
due
deference
prison
administrators
experience
expertise
finally
rluipa
differentiate
among
bona
fide
faiths
confers
privileged
status
particular
religious
sect
cf
kiryas
joel
pp
sixth
circuit
misread
precedents
require
invalidation
rluipa
impermissibly
advancing
religion
giving
greater
protection
religious
rights
constitutionally
protected
rights
corporation
presiding
bishop
church
jesus
christ
saints
amos
counsels
otherwise
upholding
establishment
clause
challenge
provision
exempting
religious
organizations
prohibition
employment
discrimination
title
vii
civil
rights
act
held
religious
accommodations
need
come
packaged
benefits
secular
entities
appeals
view
correct
manner
religious
accommodations
fall
example
ohio
accommodate
traditionally
recognized
religions
providing
chaplains
allowing
worship
services
upholding
emphasizes
respondents
raised
facial
challenge
contended
applying
rluipa
produce
unconstitutional
results
specific
case
reason
anticipate
abusive
prisoner
litigation
overburden
state
local
institutions
however
inmate
requests
religious
accommodations
become
excessive
impose
unjustified
burdens
institutionalized
persons
jeopardize
institution
effective
functioning
facility
free
resist
imposition
event
adjudication
challenges
order
pp
reversed
remanded
ginsburg
delivered
opinion
unanimous
thomas
filed
concurring
opinion
jon
cutter
et
petitioners
reginald
wilkinson
director
ohio
department
rehabilitation
correction
et
al
writ
certiorari
appeals
sixth
circuit
may
justice
ginsburg
delivered
opinion
section
religious
land
use
institutionalized
persons
act
rluipa
stat
provides
part
government
shall
impose
substantial
burden
religious
exercise
person
residing
confined
institution
unless
burden
furthers
compelling
governmental
interest
least
restrictive
means
plaintiffs
petitioners
current
former
inmates
institutions
operated
ohio
department
rehabilitation
correction
assert
adherents
nonmainstream
religions
satanist
wicca
asatru
religions
church
jesus
christ
complain
ohio
prison
officials
respondents
violation
rluipa
failed
accommodate
religious
exercise
variety
different
ways
including
retaliating
discriminating
exercising
nontraditional
faiths
denying
access
religious
literature
denying
opportunities
group
worship
granted
adherents
mainstream
religions
forbidding
adhere
dress
appearance
mandates
religions
withholding
religious
ceremonial
items
substantially
identical
adherents
mainstream
religions
permitted
failing
provide
chaplain
trained
faith
brief
purposes
litigation
current
stage
respondents
stipulated
petitioners
members
bona
fide
religions
sincere
beliefs
gerhardt
lazaroff
supp
sd
ohio
response
petitioners
complaints
respondent
prison
officials
mounted
facial
challenge
provision
rluipa
respondents
contend
inter
alia
act
improperly
advances
religion
violation
first
amendment
establishment
clause
district
denied
respondents
motion
dismiss
petitioners
complaints
appeals
reversed
determination
appeals
held
prison
officials
urged
portion
rluipa
applicable
institutionalized
persons
violates
establishment
clause
reverse
appeals
judgment
long
recognized
government
may
accommodate
religious
practices
without
violating
establishment
clause
hobbie
unemployment
appeals
last
term
locke
davey
reaffirmed
room
play
joints
free
exercise
establishment
clauses
allowing
government
accommodate
religion
beyond
free
exercise
requirements
without
offense
establishment
clause
quoting
walz
tax
city
new
york
point
accommodation
may
devolve
unlawful
fostering
religion
corporation
presiding
bishop
church
jesus
christ
saints
amos
quoting
hobbie
rluipa
hold
face
exceed
limits
permissible
government
accommodation
religious
practices
rluipa
latest
congressional
efforts
accord
religious
exercise
heightened
protection
burdens
consistent
precedents
ten
years
rluipa
enactment
held
employment
dept
human
resources
smith
first
amendment
free
exercise
clause
inhibit
enforcement
otherwise
valid
laws
general
application
incidentally
burden
religious
conduct
particular
ruled
free
exercise
clause
bar
oregon
enforcing
blanket
ban
peyote
possession
allowance
sacramental
use
drug
accordingly
state
deny
unemployment
benefits
persons
dismissed
jobs
religiously
inspired
peyote
use
recognized
however
political
branches
shield
religious
exercise
legislative
accommodation
example
making
exception
proscriptive
drug
laws
sacramental
peyote
use
responding
smith
congress
enacted
religious
freedom
restoration
act
rfra
stat
et
seq
rfra
prohibits
overnment
burden
ing
person
exercise
religion
even
burden
results
rule
general
applicability
unless
government
demonstrate
burden
furtherance
compelling
governmental
interest
least
restrictive
means
furthering
compelling
governmental
interest
city
boerne
flores
brackets
original
quoting
niversal
coverage
rfra
applie
federal
state
law
quoting
former
notably
lacked
commerce
clause
underpinning
spending
clause
limitation
recipients
federal
funds
city
boerne
invalidated
rfra
applied
subdivisions
holding
act
exceeded
congress
remedial
powers
fourteenth
amendment
congress
responded
time
enacting
rluipa
less
sweeping
rfra
invoking
federal
authority
spending
commerce
clauses
rluipa
targets
two
areas
section
act
concerns
regulation
relates
religious
exercise
institutionalized
persons
section
issue
provides
state
local
government
shall
impose
substantial
burden
religious
exercise
person
residing
confined
institution
unless
government
shows
burden
furthers
compelling
governmental
interest
least
restrictive
means
act
defines
religious
exercise
include
exercise
religion
whether
compelled
central
system
religious
belief
section
applies
substantial
burden
religious
exercise
imposed
program
activity
receives
federal
financial
assistance
substantial
burden
affects
removal
substantial
burden
affect
commerce
foreign
nations
among
several
indian
tribes
person
may
assert
violation
rluipa
claim
defense
judicial
proceeding
obtain
appropriate
relief
government
enacting
congress
documented
hearings
spanning
three
years
frivolous
arbitrary
barriers
impeded
institutionalized
persons
religious
exercise
see
cong
rec
july
joint
statement
senator
hatch
senator
kennedy
rluipa
hereinafter
joint
statement
whether
indifference
ignorance
bigotry
lack
resources
institutions
restrict
religious
liberty
egregious
unnecessary
ways
secure
redress
inmates
encountered
undue
barriers
religious
observances
congress
carried
rfra
compelling
governmental
interest
least
restrictive
means
standard
see
lawmakers
anticipated
however
courts
entertaining
complaints
accord
due
deference
experience
expertise
prison
jail
administrators
quoting
petitioners
initially
filed
suit
respondents
asserting
claims
first
fourteenth
amendments
rluipa
enactment
petitioners
amended
complaints
include
claims
respondents
moved
dismiss
statutory
claims
arguing
inter
alia
violates
establishment
clause
supp
pursuant
intervened
district
defend
rluipa
constitutionality
adopting
report
recommendation
magistrate
judge
district
rejected
argument
conflicts
establishment
clause
supp
act
impact
prison
staff
general
inmate
population
stated
rluipa
permits
safety
security
undisputedly
compelling
state
interests
outweigh
inmate
claim
religious
accommodation
thin
record
declined
find
respondents
urged
enforcement
rluipa
inevitably
compromise
prison
security
ibid
interlocutory
appeal
pursuant
appeals
sixth
circuit
reversed
citing
lemon
kurtzman
appeals
held
rluipa
impermissibly
advanc
es
religion
giving
greater
protection
religious
rights
constitutionally
protected
rights
affording
religious
prisoners
rights
superior
nonreligious
prisoners
suggested
might
encourag
prisoners
become
religious
order
enjoy
greater
rights
granted
certiorari
resolve
conflict
among
courts
appeals
question
whether
rluipa
provision
act
consistent
establishment
clause
first
amendment
compare
madison
riter
rluipa
violate
establishment
clause
charles
verhagen
mayweathers
newland
reverse
judgment
appeals
sixth
circuit
ii
religion
clauses
first
amendment
provide
congress
shall
make
law
respecting
establishment
religion
prohibiting
free
exercise
thereof
first
two
clauses
commonly
called
establishment
clause
commands
separation
church
state
second
free
exercise
clause
requires
government
respect
noninterference
religious
beliefs
practices
nation
people
two
clauses
express
complementary
values
often
exert
conflicting
pressures
see
locke
two
clauses
frequently
tension
walz
struggled
find
neutral
course
two
religion
clauses
cast
absolute
terms
either
expanded
logical
extreme
tend
clash
decisions
recognize
room
play
joints
clauses
space
legislative
action
neither
compelled
free
exercise
clause
prohibited
establishment
clause
see
smith
harlan
dissenting
constitutional
obligation
narrow
channel
slightest
deviation
absolutely
straight
course
leads
condemnation
citation
omitted
accord
majority
courts
appeals
ruled
question
see
supra
hold
rluipa
fits
within
corridor
religion
clauses
face
act
qualifies
permissible
legislative
accommodation
religion
barred
establishment
clause
foremost
find
rluipa
provision
compatible
establishment
clause
alleviates
exceptional
burdens
private
religious
exercise
see
board
ed
kiryas
joel
village
school
dist
grumet
government
need
oblivious
impositions
legitimate
exercises
state
power
may
place
religious
belief
practice
amos
must
satisfied
act
prescriptions
administered
neutrally
among
different
faiths
see
kiryas
joel
religion
often
involves
belief
profession
performance
physical
acts
assembling
others
worship
service
participating
sacramental
use
bread
wine
smith
section
covers
institutions
mental
hospitals
prisons
like
government
exerts
degree
control
unparalleled
civilian
society
severely
disabling
private
religious
exercise
see
joint
statement
institutional
residents
right
practice
faith
mercy
running
institution
rluipa
thus
protects
institutionalized
persons
unable
freely
attend
religious
needs
therefore
dependent
government
permission
accommodation
exercise
note
regard
federal
government
accommodation
religious
practice
members
military
see
referring
army
chaplains
katcoff
marsh
describing
army
chaplaincy
program
goldman
weinberger
held
free
exercise
clause
require
air
force
exempt
orthodox
jewish
officer
uniform
dress
regulations
wear
yarmulke
indoors
military
community
observed
simply
individual
autonomy
larger
civilian
community
brackets
original
internal
quotation
marks
omitted
congress
responded
goldman
prescribing
member
armed
forces
may
wear
item
religious
apparel
wearing
uniform
unless
wearing
item
interfere
performance
military
duties
item
apparel
neat
conservative
read
rluipa
elevate
accommodation
religious
observances
institution
need
maintain
order
safety
decisions
indicate
accommodation
must
measured
override
significant
interests
caldor
struck
connecticut
law
arm
ed
sabbath
observers
absolute
unqualified
right
work
whatever
day
designate
sabbath
held
law
invalid
establishment
clause
unyielding
ly
weigh
ted
interests
sabbatarians
interests
cause
believe
rluipa
applied
appropriately
balanced
way
particular
sensitivity
security
concerns
act
adopts
compelling
governmental
interest
standard
see
supra
ontext
matters
application
standard
see
grutter
bollinger
lawmakers
supporting
rluipa
mindful
urgency
discipline
order
safety
security
penal
institutions
see
cong
rec
remarks
senator
hatch
anticipated
courts
apply
act
standard
due
deference
experience
expertise
prison
jail
administrators
establishing
necessary
regulations
procedures
maintain
good
order
security
discipline
consistent
consideration
costs
limited
resources
joint
statement
quoting
finally
rluipa
differentiate
among
bona
fide
faiths
kiryas
joel
invalidated
state
law
carved
separate
school
district
serve
exclusively
community
highly
religious
jews
satmar
hasidim
held
law
violated
establishment
clause
part
single
particular
religious
sect
special
treatment
omitted
rluipa
presents
defect
confers
privileged
status
particular
religious
sect
singles
bona
fide
faith
disadvantageous
treatment
sixth
circuit
misread
precedents
require
invalidation
rluipa
impermissibly
advancing
religion
giving
greater
protection
religious
rights
constitutionally
protected
rights
decision
amos
counsels
otherwise
upheld
establishment
clause
challenge
provision
exempting
religious
organizations
title
vii
prohibition
discrimination
employment
basis
religion
district
amos
reasoning
part
exemption
improperly
single
religious
entities
benefit
declared
statute
unconstitutional
applied
secular
activity
religious
accommodations
held
need
come
packaged
benefits
secular
entities
see
madison
requirement
legislative
protections
fundamental
rights
march
appeals
view
correct
reading
decisions
manner
religious
accommodations
fall
congressional
permission
members
military
wear
religious
apparel
uniform
fail
see
accommodations
ohio
makes
ohio
accommodate
traditionally
recognized
religions
supp
state
provides
inmates
chaplains
publicists
political
consultants
allows
prisoners
assemble
worship
political
rallies
reply
brief
upholding
rluipa
provision
emphasize
respondents
raised
facial
challenge
act
constitutionality
contended
facts
petitioners
specific
cases
applying
rluipa
produce
unconstitutional
results
supp
district
noting
underdeveloped
state
record
concluded
finding
factually
impossible
provide
kind
accommodations
rluipa
require
without
significantly
compromising
prison
security
levels
service
provided
inmates
made
juncture
emphasis
added
agree
decade
federal
bureau
prisons
managed
largest
correctional
system
nation
heightened
scrutiny
standard
rluipa
without
compromising
prison
security
public
safety
constitutional
rights
prisoners
brief
citation
omitted
congress
enacted
rluipa
aware
bureau
experience
see
joint
statement
letter
department
justice
senator
hatch
believe
rluipa
unreasonable
impact
prison
operations
rfra
effect
federal
prison
system
six
years
compliance
statute
unreasonable
burden
federal
prison
see
reason
anticipate
abusive
prisoner
litigation
overburden
operations
state
local
institutions
procedures
mandated
prison
litigation
reform
act
note
designed
inhibit
frivolous
inmate
requests
religious
accommodations
become
excessive
impose
unjustified
burdens
institutionalized
persons
jeopardize
effective
functioning
institution
facility
free
resist
imposition
event
adjudication
challenges
order
reasons
stated
judgment
appeals
sixth
circuit
reversed
case
remanded
proceedings
consistent
opinion
ordered
jon
cutter
et
petitioners
reginald
wilkinson
director
ohio
department
rehabilitation
correction
et
al
writ
certiorari
appeals
sixth
circuit
may
justice
thomas
concurring
join
opinion
agree
religious
land
use
institutionalized
persons
act
rluipa
constitutional
modern
establishment
clause
case
write
explain
proper
historical
understanding
clause
federalism
provision
leads
establishment
clause
provides
congress
shall
make
law
respecting
establishment
religion
amdt
explained
important
function
clause
ke
clear
congress
interfere
state
establishments
elk
grove
unified
school
dist
newdow
opinion
concurring
judgment
clause
best
understood
federalism
provision
protects
state
establishments
federal
interference
ibid
see
also
zelman
thomas
concurring
lee
weisman
scalia
dissenting
ohio
contends
federalism
understanding
clause
prevents
federal
oversight
state
choices
within
free
exercise
establishment
clauses
locke
davey
words
ohio
asserts
clause
protects
federal
interference
otherwise
constitutionally
permissible
choices
regarding
religious
policy
ohio
view
rluipa
intrudes
state
policy
choices
hence
violates
clause
ohio
vision
range
protected
state
authority
overreads
clause
ohio
amici
contend
even
though
longer
establish
preferred
churches
clause
incorporated
fourteenth
congress
unable
ever
contravene
constitutionally
permissible
state
choices
regarding
religious
policy
brief
respondents
emphasis
added
brief
commonwealth
virginia
et
al
amici
curiae
clause
says
clause
prohibits
congress
enacting
legislation
respecting
establishment
religion
emphasis
added
prohibit
congress
enacting
legislation
respecting
religion
taking
cognizance
religion
hamburger
separation
church
state
founding
establishment
involved
religious
orthodoxy
financial
support
force
law
threat
penalty
newdow
supra
thomas
concurring
judgment
quoting
lee
supra
scalia
dissenting
turn
citing
levy
establishment
clause
including
preferences
particular
religious
faiths
thomas
concurring
words
establishment
founding
involved
example
mandatory
observance
mandatory
payment
taxes
supporting
ministers
see
thomas
concurring
judgment
lee
supra
scalia
dissenting
mcconnell
levy
establishment
clause
ed
proscribe
congress
making
laws
respecting
establishment
religion
therefore
forbid
legislation
respecting
coercive
state
establishments
preclude
congress
legislating
religion
generally
history
least
presented
ohio
show
clause
hermetically
seals
federal
government
field
religion
ohio
points
among
things
words
james
madison
defense
constitution
virginia
ratifying
convention
shadow
right
general
government
intermeddle
religion
least
interference
flagrant
usurpation
general
defense
constitution
june
reprinted
papers
james
madison
rutland
hobson
rachal
sisson
eds
ohio
also
relies
james
iredell
statement
discussing
religious
test
clause
north
carolina
ratifying
convention
congress
certainly
authority
interfere
establishment
religion
whatsoever
power
given
congress
matters
religion
pass
single
act
impair
religious
liberties
cause
alarm
future
congress
pass
act
concerning
religion
country
act
authorized
pass
constitution
people
obey
debate
north
carolina
ratifying
convention
june
founders
constitution
kurland
lerner
eds
quotations
establish
framers
beliefs
scope
establishment
clause
instead
demonstrate
framers
may
believed
national
government
authority
legislate
concerning
religion
enumerated
power
gave
authority
ohio
spending
clause
commerce
clause
challenges
therefore
may
well
merit
see
supra
event
ohio
shown
establishment
clause
codified
madison
iredell
view
federal
government
legislate
regarding
religion
unenacted
version
clause
proposed
house
representatives
demonstrates
opposite
provided
congress
shall
make
laws
touching
religion
infringing
rights
conscience
annals
cong
see
also
wallace
jaffree
rehnquist
dissenting
words
ultimately
adopted
congress
shall
make
law
respecting
establishment
religion
identified
position
madison
sought
distinguish
hamburger
supra
whatever
thought
words
clearly
mind
language
less
severe
previously
used
ibid
version
clause
finally
adopted
narrower
ohio
claims
historical
evidence
ohio
relies
joseph
story
commentaries
constitution
prove
theory
leaving
aside
problems
relying
source
indicator
original
understanding
see
term
limits
thornton
thomas
dissenting
unpersuasive
right
justice
story
say
whole
power
subject
religion
left
exclusively
state
governments
acted
upon
according
sense
justice
state
constitutions
commentaries
constitution
reprinted
context
however
statement
concerned
congress
inability
legislate
respect
religious
establishment
see
real
object
amendment
prevent
national
ecclesiastical
establishment
give
hierarchy
exclusive
patronage
national
government
deemed
advisable
exclude
national
government
power
act
upon
subject
impossible
arise
perpetual
strife
perpetual
jealousy
subject
ecclesiastical
ascendancy
national
government
left
free
create
religious
establishment
short
view
establishment
clause
precludes
congress
legislating
respecting
religion
lacks
historical
provenance
least
based
history
aware
even
enacting
laws
bind
pursuant
valid
exercises
enumerated
powers
congress
need
observe
strict
separation
church
state
steer
clear
subject
religion
need
refrain
making
laws
respecting
establishment
religion
must
interfere
state
establishment
religion
example
congress
presumably
require
state
establish
religion
preclude
state
establishing
religion
ii
face
relevant
inquiry
facial
challenge
rluipa
law
respecting
establishment
religion
rluipa
provides
relevant
government
shall
impose
substantial
burden
religious
exercise
person
residing
confined
institution
even
burden
results
rule
general
applicability
unless
government
demonstrates
imposition
burden
person
first
compelling
governmental
interest
second
least
restrictive
means
furthering
compelling
governmental
interest
provision
prohibit
interfere
state
establishments
since
state
established
constitutionally
establish
given
incorporated
clause
religion
provision
require
state
establish
religion
force
state
coerce
religious
observance
payment
taxes
supporting
clergy
require
state
prefer
one
religious
sect
another
law
respecting
religion
one
respecting
establishment
religion
addition
rluipa
text
applies
laws
passed
state
local
governments
including
rule
general
applicability
whether
concern
establishment
religion
state
local
governments
obviously
many
laws
nothing
religion
let
alone
establishments
thereof
numerous
applications
rluipa
therefore
contravene
establishment
clause
facial
challenge
based
clause
must
fail
see
booker
slip
thomas
concurring
part
dissenting
part
salerno
also
bears
noting
congress
pursuant
spending
clause
authority
conditioned
receipt
federal
funds
compliance
rluipa
section
applies
case
substantial
burden
imposed
program
activity
receives
federal
financial
assistance
noted
supra
rluipa
may
well
exceed
spending
power
nonetheless
congress
condition
stands
subject
condition
voluntarily
accepting
federal
funds
voluntary
acceptance
congress
condition
undercuts
ohio
argument
congress
encroaching
turf
footnotes
petitioners
cutter
gerhardt
longer
custody
ohio
department
rehabilitation
correction
brief
petitioners
party
suggested
case
become
moot
without
doubt
live
controversy
remains
among
petitioners
respondents
reach
question
whether
claims
cutter
gerhardt
continue
present
actual
controversy
see
steffel
thompson
rfra
courts
appeals
held
remains
operative
federal
government
federal
territories
possessions
see
bureau
prisons
guam
guerrero
kikumura
hurley
young
however
occasion
rule
matter
section
rluipa
issue
therefore
express
view
validity
part
act
every
state
including
ohio
accepts
federal
funding
prisons
brief
citing
fy
office
justice
programs
office
community
oriented
policing
services
grants
state
hearings
held
congress
revealed
typical
example
state
prison
ohio
refused
provide
moslems
hallal
food
even
though
provided
kosher
food
hearing
protecting
religious
freedom
boerne
flores
subcommittee
constitution
house
committee
judiciary
pt
hereinafter
protecting
religious
freedom
prepared
statement
marc
stern
legal
director
american
jewish
congress
across
country
jewish
inmates
complained
prison
officials
refused
provide
sack
lunches
enable
inmates
break
fasts
nightfall
statement
isaac
jaroslawicz
director
legal
affairs
aleph
institute
michigan
department
corrections
prohibit
ed
lighting
chanukah
candles
state
prisons
even
though
smoking
votive
candles
permitted
priest
responsible
communications
roman
catholic
dioceses
corrections
facilities
oklahoma
stated
nearly
yearly
battle
catholic
use
sacramental
wine
celebration
mass
prisoners
religious
possessions
bible
koran
talmud
items
needed
native
americans
frequently
treated
contempt
confiscated
damaged
discarded
prison
officials
pt
prepared
statement
donald
brooks
reverend
diocese
tulsa
oklahoma
lemon
stated
test
first
statute
must
secular
legislative
purpose
second
principal
primary
effect
must
one
neither
advances
inhibits
religion
finally
statute
must
foster
excessive
government
entanglement
religion
citations
internal
quotation
marks
omitted
resolve
case
grounds
respondents
argued
rluipa
exceeds
congress
legislative
powers
spending
commerce
clauses
violates
tenth
amendment
district
rejected
respondents
challenges
spending
clause
gerhardt
lazaroff
supp
sd
ohio
tenth
amendment
declined
reach
commerce
clause
tion
sixth
circuit
determined
rluipa
violates
establishment
clause
rule
respondents
arguments
see
respondents
renew
arguments
also
augment
contentions
asserting
space
free
exercise
establishment
clauses
choices
subject
congressional
oversight
see
brief
respondents
cf
madison
riter
defensive
pleas
addressed
appeals
mindful
review
first
view
consider
see
roche
ltd
empagran
oakland
cannabis
buyers
cooperative
cf
post
thomas
concurring
directed
obstructions
institutional
arrangements
place
religious
observances
rluipa
require
state
pay
inmate
devotional
accessories
see
charles
verhagen
overturning
prohibition
possession
islamic
prayer
oil
leaving
responsibility
purchasing
oil
see
ibid
prison
regulation
prohibited
muslim
prisoner
possessing
ritual
cleansing
oil
young
lane
prison
regulation
restricted
wearing
yarmulkes
hunafa
murphy
noting
instances
jewish
muslim
prisoners
served
pork
substitute
available
respondents
argue
line
sixth
circuit
rluipa
goes
beyond
permissible
reduction
impediments
free
exercise
act
project
advances
religion
encouraging
prisoners
get
religion
thereby
gain
accommodations
afforded
rluipa
brief
respondents
see
one
effect
rluipa
induce
prisoners
adopt
feign
religious
belief
order
receive
statute
accommodations
religious
observance
notably
opportunity
assemble
worship
services
might
attract
joiners
seeking
break
closely
guarded
day
doubt
accommodations
perceived
benefits
example
congressional
hearings
rluipa
revealed
one
state
corrections
system
served
kosher
diet
fruit
vegetable
granola
bar
liquid
nutritional
supplement
every
meal
protecting
religious
freedom
pt
statement
jaroslawicz
argument
event
founders
fact
ohio
already
facilitates
religious
services
mainstream
faiths
state
provides
chaplains
allows
inmates
possess
religious
items
permits
assembly
worship
see
app
affidavit
david
schwarz
religious
services
administrator
south
region
ohio
dept
rehabilitation
correction
job
duties
include
facilitating
delivery
religious
services
correctional
institutions
various
security
levels
throughout
ohio
ohio
dept
rehabilitation
correction
table
organization
available
http
department
includes
religious
services
division
visited
may
available
clerk
case
file
brief
citing
inter
alia
gawloski
dallman
supp
sd
ohio
inmate
protective
custody
allowed
attend
congregational
religious
service
possess
bible
religious
materials
receive
chaplain
visits
taylor
perini
supp
nd
ohio
institutional
chaplains
free
access
correctional
area
sixth
circuit
posited
irreligious
prisoner
member
aryan
nation
challenges
prison
officials
confiscation
white
supremacist
literature
violation
free
association
expression
rights
claims
evaluated
deferential
standard
described
turner
safley
member
church
jesus
christ
christian
challenging
similar
withholding
sixth
circuit
assumed
stronger
prospect
success
review
claim
rluipa
standard
citing
madison
riter
supp
wd
courts
however
may
expected
recognize
government
countervailing
compelling
interest
facilitating
inflammatory
racist
activity
imperil
prison
security
order
cf
reimann
murphy
supp
ed
concluding
rfra
excluding
racist
literature
advocating
violence
least
restrictive
means
furthering
compelling
state
interest
preventing
prison
violence
george
sullivan
supp
wd
state
prison
officials
make
first
judgment
whether
provide
particular
accommodation
prisoner
may
sue
rluipa
without
first
exhausting
available
administrative
remedies
see
nothing
rluipa
shall
construed
amend
repeal
prison
litigation
reform
act
requiring
exhaustion
administrative
remedies
respondents
argue
prison
gangs
use
religious
activity
cloak
illicit
often
violent
conduct
instant
case
considered
motion
dismiss
thus
parties
conflicting
assertions
matter
us
bears
repetition
however
prison
security
compelling
state
interest
deference
due
institutional
officials
expertise
area
see
supra
prison
officials
may
appropriately
question
whether
prisoner
religiosity
asserted
basis
requested
accommodation
authentic
although
rluipa
bars
inquiry
whether
particular
belief
practice
central
prisoner
religion
see
act
preclude
inquiry
sincerity
prisoner
professed
religiosity
cf
gillette
truth
belief
open
question
rather
question
whether
objector
beliefs
held
quoting
seeger
see
supra
footnotes
properly
declines
assess
rluipa
discredited
test
lemon
kurtzman
appeals
applied
lemon
held
avoid
invalidation
establishment
clause
statute
must
secular
legislative
purpose
principal
primary
effect
must
one
neither
advances
inhibits
religion
must
foster
excessive
government
entanglement
religion
internal
quotation
marks
citation
omitted
first
second
prongs
rluipa
indeed
accommodation
religion
might
well
violate
clause
even
laws
disestablishing
religion
might
violate
clause
disestablishment
might
easily
religious
purpose
thereby
flunk
first
prong
might
well
strengthen
revitalize
religion
fail
second
mcconnell
establishment
disestablishment
founding
part
establishment
religion
wm
mary
rev
hereinafter
mcconnell
dismisses
parties
arguments
federalism
aspect
clause
brief
observation
appeals
address
issue
ante
parties
contentions
point
however
fairly
included
question
presented
asks
hether
congress
violated
establishment
clause
enacting
rluipa
pet
cert
parties
briefed
federalism
understanding
clause
brief
respondents
reply
brief
petitioners
neither
suggests
remand
useful
record
lacks
relevant
facts
good
news
club
milford
central
school
also
though
rluipa
entirely
consonant
establishment
clause
may
well
exceed
congress
authority
either
spending
clause
commerce
clause
see
sabri
thomas
concurring
judgment
spending
clause
condition
state
receipt
funds
necessary
proper
expenditure
funds
must
obvious
simple
direct
relation
condition
expenditure
funds
lopez
thomas
concurring
constitution
uses
word
narrower
sense
case
law
might
suggest
also
support
proposition
congress
authority
activities
affect
interstate
commerce
however
properly
declines
reach
issues
since
outside
question
presented
addressed
appeals
ohio
claims
benefit
federalism
aspect
clause
yet
simultaneously
adheres
view
establishment
clause
incorporated
fourteenth
amendment
brief
respondents
positions
may
incompatible
text
history
clause
may
well
support
view
clause
incorporated
precisely
clause
shielded
state
establishments
congressional
interference
elk
grove
unified
school
dist
newdow
thomas
concurring
judgment
note
however
state
law
violate
incorporated
establishment
clause
might
also
violate
free
exercise
clause