CUTTER V. WILKINSON (03-9877) 544 U.S. 709 (2005) 349 F.3d 257, reversed and remanded.

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A federal law prohibiting government from burdening prisoners' religious exercise did not violate the First Amendment's establishment clause. The Court held that, on its face, RLUIPA made an accommodation allowed by the First Amendment. The Court reasoned that the law was an effort to alleviate the "government-created burden" on religious exercise that prisoners faced. Nor did section three discriminate between mainstream and non-mainstream religions. The Court did point out that constitutional problems could arise if RLUIPA were enforced improperly and religious prisoners received favored treatment, or if religious exercise and security concerns were not properly balanced.

Professor Marci A. Hamilton, TESTIMONY TO THE SENATE COMMITTEE ON THE JUDICIARY S. 1248, The Religious Liberty Protection Act of 1998

This is my testimony in opposition to the Religious Liberty Protection Act (introduced after Boerne and never passed, but the testimony re RLPA was used to defend RFRA and RLUIPA)

CITY OF BOERNE v. FLORES, 1996 U.S. S. Ct. Briefs LEXIS 761(BRIEF FOR PETITIONER)

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The Religious Freedom Restoration Act is different from any other act Congress has ever passed. Never before has Congress attempted to define for itself the core meaning of a clause of the Constitution and then to force that interpretation on the courts in every case raising the constitutional issue. This Act is unconstitutional because it goes too far.

Professor Ellis M. West, THE RIGHT TO RELIGION-BASED EXEMPTIONS IN EARLY AMERICA: THE CASE OF CONSCIENTIOUS OBJECTORS TO CONSCRIPTION, 10 J.L. & Religion 367

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10 J.L. & Religion 367 Journal of Law and Religion 1993/1994 THE RIGHT TO RELIGION-BASED EXEMPTIONS IN…

Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993)

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Framers believed safety, health, and welfare were exceptions to religious accommodation in the early state Constitutions. (J. Scalia)

Religious Freedom Restoration Act: Hearing on S. 2969 Before the S. Comm. on the Judiciary, 102nd Cong. 100 (1992)

Statement of Mark E. Chopko, General Counsel, United States Catholic Conference, Screen Actors Guild