27-c-2 Rluipa and Rfra

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

27-C-2. RLUIPA and RFRA

In addition to the First Amendment protections described above, your right to religious freedom is also protected by federal laws. If you are in state prison, your right is protected by a law called the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).⁹⁵ If you are in federal prison, your right is protected by a law called the Religious Freedom Restoration Act (RFRA).⁹⁶

These laws prohibit the government from placing a substantial burden on the religious practices of prisoners, unless the government can demonstrate that the burden both (1) furthers a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling interest.⁹⁷

Both federal laws provide a higher level of protection for prisoners to exercise their religion than the protection provided by the First Amendment Free Exercise Clause.⁹⁸ Therefore, you should begin your complaint with an argument that the restriction violates RLUIPA, or, if you are in federal prison, RFRA. You may then make an argument that the restriction also violates the Free Exercise Clause of the First Amendment. In practice, if a court finds that a regulation does not violate RLUIPA or RFRA, it will also almost certainly find that it does not violate the First Amendment Free Exercise Clause.⁹⁹

Although RLUIPA and RFRA are separate laws, a court deciding a case under one law may also look to how a court decided a case under the other law. In other words, RLUIPA cases will be looked at by courts deciding RFRA cases and vice versa.¹⁰⁰ This is because both laws prohibit laws and policies that substantially burden the exercise of your religion, unless the restrictions further a compelling governmental interest using the least restrictive means available.¹⁰¹ Additionally, both statutes protect the same type of "religious exercise."¹⁰² So, although this Chapter primarily refers to RLUIPA, if you are a federal prisoner, this discussion of RLUIPA should help you to determine if you have a viable claim under RFRA.

The sections below will explain what you need to show to establish a RLUIPA or RFRA violation. In general, you first need to show that you meet the jurisdictional requirements of the law. Second, you will need to show (1) you are seeking to engage in an exercise of religion, (2) the prison regulation or practice you are challenging "substantially burdens" that exercise of religion, and (3) prison officials cannot show that the regulation is the "least restrictive means" of achieving a "compelling government interest."¹⁰³

(a) Jurisdictional Requirements

(i) RLUIPA

If you are a state prisoner bringing a claim under RLUIPA, you must first show that the law applies to the prison regulation or practice you are challenging. RLUIPA provides that its protections apply only when "(1) the substantial burden is imposed in a program or activity that receives federal financial assistance; or (2) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes."¹⁰⁴

This means that you will need to show that the prison regulation you are challenging either (a) is imposed in a program or activity that receives federal funds (called "Spending Clause jurisdiction") or (b) affects interstate commerce (called "Commerce Clause jurisdiction").¹⁰⁵

In order to meet the Spending Clause jurisdictional requirement, the regulation that you are challenging must be imposed in the context of a program or activity that receives federal financial assistance.¹⁰⁶ "Program or activity" means "all of the operations of . . . a department, agency, special purpose district, or other instrumentality of a State or local government."¹⁰⁷ Basically, this means that whenever a state or local prison or department of corrections accepts federal funding, RLUIPA will apply to all of its programs.¹⁰⁸ Virtually every prison and jail system accepts some federal money, so you can and should plead in good faith in your complaint that the court has Spending Clause jurisdiction. After you have filed your complaint, you can then request the proof of that fact from the defendants during the discovery phase.

A court also has RLUIPA jurisdiction under the Commerce Clause if the substantial burden placed on your religious exercise "substantially affects interstate commerce."¹⁰⁹ However, because, as explained above, nearly all prison and jail systems accept some federal funds, it is very unlikely that you will need to rely upon Commerce Clause jurisdiction.

(ii) RFRA

If you are a federal prisoner bringing a lawsuit under RFRA, these jurisdictional requirements do not apply. Instead, you must say that your free exercise of religion rights were violated at a federal prison or by a federal agent.¹¹⁰

(b) Religious Exercise

Assuming you have met the jurisdictional requirements, a court will next assess whether the activity you want to do is a religious practice. To constitute a religious practice, the activity you want to do must be (1) rooted in a sincerely held belief that is (2) religious in nature.¹¹¹

Congress has defined "religious exercise" broadly, to mean "any exercise of religion, whether or not compelled by, or central to, a system of religious belief."¹¹² This broad definition, which applies to both RLUIPA and RFRA,¹¹³ greatly increases the likelihood your lawsuit will succeed, or at least make it through a summary judgment motion.¹¹⁴

Under this definition, RLUIPA also protects religious practices that are not necessarily central to your religion, such as practices that are a small part of your religion or not of great importance to your religion.¹¹⁵ This means that, as a general rule, courts will not try to determine whether your religious belief is accurate or supported by your religious teachings, but will simply decide if it is a sincerely held belief and religious in nature.¹¹⁶

The current definition of religious exercise prevents courts and government officials from deciding what types or levels of religious exercise are necessary or appropriate for membership in a certain religion. This definition also incorporates the idea that the judicial system is not able (or competent) to decide whether a particular act is central to a person's faith.¹¹⁷

(c) Substantial Burden

If the court finds that you have engaged in religious...