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May, 2005
Union
of Orthodox Jewish Congregations Hails
Unanimous Supreme Court Decision Upholding Religious Liberty
Statute
Today, the Union of
Orthodox Jewish Congregations of America, the nation's largest
Orthodox Jewish umbrella organization, hailed a unanimous decision
handed down this morning by the US Supreme Court upholding the
Religious Land Use and Institutionalized Persons Act.
The Supreme Court this morning handed down its decision in the
Cutter v.
Wilkinson case, reversing the 6th Circuit's opinion. In a decision
written by Justice Ginsberg, the Court held that RLUIPA on its
face does not violate the Establishment Clause. RLUIPA, the Court
stated, fits within the "corridor between the Religion Clauses: On
its face, the Act qualifies as a permissible legislative
accommodation of religion that is not barred by the Establishment
Clause." The Court recognized the need for prisons to maintain
security, but said: "We have no cause to believe that RLUIPA would
not be applied in an appropriately balanced way,. . ."
Commenting on the decision, Nathan Diament, the Union's director
of public policy, stated: We are deeply gratified that the Supreme
Court has unanimously ratified the constitutionality of
legislative accommodations of religious liberty. The Court's
decision's power as precedent cannot be overstated. It will serve
to advance the cause of religious liberty in America.
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