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Appeals court upholds federal religious liberty law. (In The Capital).


A federal law intended to protect religious liberty rights has been upheld by the U.S. 9th Circuit Court of Appeals.

In a unanimous Dec. 27 ruling, a three-judge panel approved the Religious Land Use and Institutionalized Persons Act The Religious Land Use and Institutionalized Persons Act, Pub.L. 106-274, 42 U.S.C.  2000cc-1 et seq. (RLUIPA) is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as making it easier  (RLUIPA RLUIPA Religious Land Use and Institutionalized Persons Act of 2000 ), a measure passed in 2000 to give additional legal protections to prisoners and religious groups involved in zoning disputes.

RLUIPA threatens to withhold federal funds Federal Funds

Funds deposited to regional Federal Reserve Banks by commercial banks, including funds in excess of reserve requirements.

Notes:
These non-interest bearing deposits are lent out at the Fed funds rate to other banks unable to meet overnight reserve
 from states or cities that substantially burden religious practice without proving that a compelling government interest exists to do so.

The recent decision was a victory for several Muslim inmates who sued the California prison system for refusing to allow them to grow beards or attend Friday prayer services in accordance with tenets of the Islamic faith.

California state officials asked a federal court to dismiss the prisoners' claim, arguing that the federal law exceeded congressional authority and that it subverted the establishment clause of the First Amendment The Establishment Clause of the First Amendment refers to the first of several pronouncements in the First Amendment to the United States Constitution, stating that "Congress shall make no law respecting an establishment of religion.... . Attorneys for California also argued that RLUIPA's mandate favored religion, thereby contravening the First Amendment principle of church-state separation.

The 9th Circuit judges were unpersuaded, noting that federal court precedent recognizes "that the government may (and sometimes must) accommodate religious practices and that it may do so without violating the Establishment Clause." The court then found that RLUIPA's purpose was secular and that its primary effect would not advance religion or "foster excessive entanglement" with religion.

"Protecting religious worship in institutions from substantial and illegitimate burdens does promote the general welfare," wrote Judge Dorothy Nelson in Mayweather v. Newland. "The First Amendment, by prohibiting laws that proscribe pro·scribe  
tr.v. pro·scribed, pro·scrib·ing, pro·scribes
1. To denounce or condemn.

2. To prohibit; forbid. See Synonyms at forbid.

3.
a. To banish or outlaw (a person).
 the free exercise of religion, demonstrates the great value placed on protecting religious worship from impermissible im·per·mis·si·ble  
adj.
Not permitted; not permissible: impermissible behavior.



im
 government intrusion."
COPYRIGHT 2003 Americans United for Separation of Church and State
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Publication:Church & State
Article Type:Brief Article
Geographic Code:1USA
Date:Feb 1, 2003
Words:278
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