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| Religious Land Use and Institutionalized Persons Act of 2000 | |
|---|---|
| Name | Religious Land Use and Institutionalized Persons Act of 2000 |
| Enacted by | 106th United States Congress |
| Effective date | May 22, 2000 |
| Public law | Public Law 106–274 |
| Codified | 42 U.S.C. § 2000cc et seq. |
| Introduced in | House of Representatives |
| Introduced by | Frank R. Wolf |
| Committees | House Committee on the Judiciary, Senate Committee on the Judiciary |
| Passed house | March 30, 2000 |
| Passed senate | May 11, 2000 |
| Signed by | Bill Clinton |
| Signed date | May 22, 2000 |
Religious Land Use and Institutionalized Persons Act of 2000. The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) is a United States federal statute that protects religious exercise in land use and institutional settings by restricting state and local governments and regulating institutions such as correctional facilities, hospitals, and detention centers. Enacted by the 106th United States Congress and signed by Bill Clinton, RLUIPA intersects with constitutional doctrines developed in cases like Employment Division v. Smith, Sherbert v. Verner, and City of Boerne v. Flores while prompting litigation in forums including the United States Supreme Court, United States Courts of Appeals, and district courts.
Congress enacted RLUIPA following congressional findings about burdens on religious exercise in zoning and institutional contexts compiled in hearings held by the House Committee on the Judiciary and the Senate Committee on the Judiciary. Sponsors such as Representative Frank R. Wolf and Senator Orin Hatch framed the law in response to local zoning disputes involving groups like the Amana Colonies, Hasidic, and Muslim communities and institutional claims from incarcerated members of groups including Native American Church adherents, Jehovah's Witnesses, and Islamic Center affiliates. Debates referenced precedents like Employment Division v. Smith and the congressional effort mirrored legislative strategies used in the passage of the Voting Rights Act of 1965 and the Religious Freedom Restoration Act of 1993. The law was enacted during the presidency of Bill Clinton as Public Law 106–274.
RLUIPA contains two primary provisions: the land use provision and the institutionalized persons provision. The land use provision restricts zoning ordinances and local planning decisions by imposing a strict scrutiny-like standard on actions that impose a substantial burden on religious assemblies such as churches, mosques, synagogues, temples, monasteries, and religious schools; affected entities include municipalities and county zoning boards. The institutionalized persons provision applies to facilities operated by entities like Bureau of Prisons, Department of Veterans Affairs, state correctional facilities, local jails, public hospitals, and juvenile detention centers, protecting inmates’ religious dietary practices, worship, and dress. Remedies include injunctive relief, declaratory judgments, and attorneys’ fees; enforcement mechanisms involve litigation in federal courts including the United States District Court and appeals to the United States Court of Appeals and United States Supreme Court.
Key statutory definitions in RLUIPA distinguish "religious exercise" and "substantial burden." "Religious exercise" is broadly construed to encompass activities in places of worship and institutional contexts similar to language in Sherbert v. Verner and Wisconsin v. Yoder. The "substantial burden" test requires plaintiffs to show that government action substantially pressures the adherent to modify behavior and that the burden is not justified by a "compelling governmental interest" narrowly tailored and the least restrictive means—standards reminiscent of strict scrutiny applied in Church of the Lukumi Babalu Aye v. City of Hialeah and articulated against the backdrop of City of Boerne v. Flores. The statute exempts certain land use decisions where a government demonstrates a compelling interest such as public safety in contexts involving Fire Department regulations, building codes administered by International Code Council standards, or historically protected landmarks overseen by the National Park Service.
RLUIPA has generated significant case law. The Supreme Court of the United States addressed RLUIPA in Cutter v. Wilkinson, affirming its application to institutionalized persons under the First Amendment and the Fourteenth Amendment; in Pleasant Grove City v. Summum and City of Boerne v. Flores the Court refined constitutional limits on congressional power over religion. Circuits resolved land use disputes in cases such as Civil Liberties for Urban Believers v. City of Chicago and Westchester Day School v. Village of Mamaroneck; appeals in the United States Court of Appeals for the Second Circuit, Ninth Circuit, Sixth Circuit, D.C. Circuit and Seventh Circuit shaped doctrines on substantial burden, discriminatory intent, and nexus to property interests. Other notable decisions include Khatib v. County of Orange and district rulings involving plaintiffs like Hobbler and institutions such as Salem Church affiliates litigating access, signage, and occupancy disputes.
RLUIPA’s land use provision influenced municipal zoning practices in cities such as New York City, Chicago, Los Angeles, Houston, and Phoenix, prompting model ordinances and training by organizations like the American Planning Association and the International Municipal Lawyers Association. Correctional and healthcare institutions adapted policies following guidance from the Department of Justice Civil Rights Division and advisory opinions influenced by litigation brought by advocates including American Civil Liberties Union, Becket Fund for Religious Liberty, Anti-Defamation League, and Southern Poverty Law Center. Enforcement outcomes include settlements, consent decrees, and injunctive relief in cases involving diet, beards, prayer space, and religious programming in facilities operated by entities such as the Federal Bureau of Prisons and state departments of corrections.
Critics argued RLUIPA grants preferential treatment to religion, raising Establishment Clause concerns voiced by scholars at Brookings Institution, Heritage Foundation, American Enterprise Institute, and commentators in The New York Times and The Wall Street Journal. Municipal officials and planning professionals in organizations like the National League of Cities and United States Conference of Mayors raised concerns about litigation costs and constraints on land-use discretion. Opponents pointed to cases involving alleged discriminatory use of RLUIPA claims by groups such as Hare Krishna communities or controversial congregations, while proponents cited protection for minority faiths including Sikh, Buddhist, Hindu, Seventh-day Adventist and Orthodox Jewish groups.
Compliance guidance has been issued through training and publications from entities including the Department of Justice Civil Rights Division, the American Planning Association, the International Municipal Lawyers Association, and legal clinics at Harvard Law School, Yale Law School, Georgetown University Law Center, Columbia Law School, and University of Chicago Law School. Best practices recommend municipal zoning review procedures that document compelling interests, provide reasonable accommodations, engage with affected faith communities like Roman Catholic Church, United Methodist Church, Southern Baptist Convention, National Baptist Convention, Islamic Society of North America, Jewish Federations of North America, and use mediation through organizations such as Institute for Justice and Dispute Resolution Center affiliates to minimize litigation.