On February 5, 2015, the American Bar Association’s State & Local Government Law Section sponsored the program “Religious Land Use Litigation Since 2000,” held in Houston, Texas. I participated in the program, along with Daniel Dalton of Dalton & Tomich, Dean Patricia Salkin of Touro Law School, and Noel Sterett of Mauck & Baker. The
Less than a week after its decision in Holt v. Hobbs, the Supreme Court in Knight v. Thompson, No. 13-955 (2015), granted the petition for a writ of certiorari, vacated and remanded the Eleventh Circuit’s rejection of Native American prisoners’ claims challenging prison policy requiring all male inmates to have a “regular hair…
Remember the scene in Home Alone where Kevin McCallister (Macaulay Culkin) shaves for the first time, applies aftershave, and then screams in pain from the sting of the alcohol touching his skin (watch it here)? Local governments may similarly feel the burn after reading the Supreme Court’s decision in Holt v. Hobbs, decided on January 20, which considered the portion of the Religious Land Use and Institutionalized Persons Act (RLUIPA) that governs religious exercise by institutionalized persons (Section 3, 42 USC § 2000cc–1). Although the case does not discuss the land use provisions of RLUIPA, the Court’s interpretation of the standard applicable to governmental action imposing a substantial burden on religious exercise—whether the government furthered a compelling interest through the least restrictive means—could have a major influence on all RLUIPA substantial burden decisions and make defending land use decisions more difficult for local governments.
Continue Reading Supreme Court Holds Prison Grooming Policy Violates RLUIPA: Did Local Government Take a Haircut in the Process?