SUPREME COURT HEARS ORAL ARGUMENT IN CASE TO DECIDE CONSTITUTIONALITY OF RLUIPA
On March 21, the Supreme Court heard oral arguments in Cutter v. Wilkinson, a case in which the Christian Legal Society joined an amicus brief that the Coalition for the Free Exercise of Religion filed.
In this case, the Court is considering the constitutionality of the Religious Land Use and Institutionalized Persons Act (RLUIPA), which enhances the legal protection of religious exercise in the land use and prison contexts. The amicus brief asserts RLUIPA is consistent with the Establishment Clause, it is a constitutional exercise of Congress’ spending power, and it is a constitutional exercise of Congress’ commerce power.
Anthony R. Picarello, Jr. and Derek Gaubatz of the Becket Fund for Religious Liberty and K. Hollyn Hollman of the Baptist Joint Committee wrote the brief.
CENTER ANNOUNCES REPRESENTATION OF PENNSYLVANIA FAITH-BASED SOCIAL SERVICE ORGANIZATION
On March 21 the CLS Center filed a Notice of Appearance on behalf of Firm Foundation of Bradford County, a faith-based, non-profit organization that the American Civil Liberties Union of Pennsylvania and Americans United for Separation of Church and State sued on February 17, 2005. This case, Moeller, et al. v. Bradford County, et al., is pending in the United States District Court for the Middle District of Pennsylvania.
Firm Foundation is a faith-based, non-profit organization that ministers to inmates. Firm Foundation offers vocational training and mentoring to those who voluntarily participate.
In the complaint, the ACLU and Americans United claim Firm Foundation violates the Establishment Clause of the U.S. Constitution by using federal funds for religious purposes and by requiring its employees to be Christians.
The CLS Center, the Alliance Defense Fund, and local counsel Leonard G. Brown, III represent Firm Foundation, and the Alliance Defense Fund is providing financial support for the Center’s work on this case.
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