This is also having an immediate impact on the prisoner litigation out
there in the Sixth Circuit. In Jenkins v. Martin, a case involving a
religious group called the Melanics (an offshoot Islamic group), the
Melanics have been attempting to use RLUIPA challenge the fact that they
were banned by the DOC (they were required to renounce thier faith in
writing, give up religious symbols and texts etc). The state of Michigan
just filed a supp brief to their MTD, stating that Hoevenaar requires
that the District Court to utterly defer to the prison officials in this
RLUIPA action and that the decision can and should be based solely on
the officials testimony that the religion should be banned because it it
harmful to the the prison. In sum, despite ostensibly keeping RLUIPA
alive, at least in the prison context, Cutter, and now Hoevenaar seems
to have made the states job much easier. If anyone is interested in the
states short brief let me know. Hoevenaar seems to leave very little,
room for the goals articulated by RLUIPA. I am wondering what is or
should be left.
Susanna Peters
[EMAIL PROTECTED] wrote:
The 6th Cir has been busy with the prison provisions of RLUIPA this last
week. In addition to finding congressional power under the Spending
Clause in the case Derek mentioned, in Hoevenaar, earlier in the week,
the Court applied the RLUIPA prison provisions and engaged in the sort
of deferential review one might have expected from a plain reading of
the Supreme Court's decision in Cutter v. Wilkinson.
Marci
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