| Topic: |
Religions > Atheism |
| User: |
"Auric Hellman" |
| Date: |
24 Apr 2005 02:19:29 PM |
| Object: |
Supreme Court Takes Up Religious "Special Rights" Law |
Supreme Court Takes Up Religious "Special Rights" Law, Claims that
Separation Does Not Apply to the States.
http://www.phxnews.com/fullstory.php?article=19598
The U.S. Supreme Court is scheduled to hear the CUTTER v. WILKINSON
case, which could prove to be a crucial test of the controversial
Religious Land Use and Institutionalized Persons Act (RLUIPA).
Though not as visible as cases involving display of the Ten
Commandments on public property or the presence of 'under God' in the
Pledge of Allegiance, the issues in CUTTER are more far reaching and
could seriously alter the role of the Establishment Clause in
protecting the separation of church and state. Prisoners in Ohio
charged that state corrections officials violated RLUIPA by not
catering to their religious beliefs and practices. At issue is whether
the state must use extraordinary standards when deciding policy
relevant to such religion-based practices.
"This heightened scrutiny gives an advantage to religious inmates and
ministries, and elevates religion above other constitutionally
protected rights," said Ellen Johnson, president of American
Atheists. She added that religious extremists, including 'Christian
Identity' white racists and Muslims have used the Act to organize and
spread propaganda under the veneer of theology and protected religious
rights.
The U.S. Sixth Circuit Court of Appeals found that RLUIPA violated the
Establishment Clause by requiring the government to give special
treatment when religious groups and practices were involved.
"The implications of RLUIPA go far beyond the walls of our
prisons," said Dave Silverman, Communications Director for American
Atheists. "The statute is responsible for growing litigation where
churches and other religious groups are ignoring everything from land
use laws to environmental restrictions that everyone else is required
to obey."
Mr. Silverman added that while conditions in prisons need to be
improved, "RLUIPA is aimed at giving special privileges to religious
inmates. There are better ways to protect the civil rights of
incarcerated people."
American Atheists is a nationwide movement, which defends the civil
rights of nonbelievers, works for the separation of church and state,
and addresses issues of First Amendment public policy.
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