Supreme Court Weakens Prisoners' Religious Freedom

April 20, 2011

Today the Supreme Court ruled that prisoners cannot obtain money damages against a State when it violates prisoners' religious rights under the federal Religious Land Use and Institutionalized Persons Act ("RLUIPA").   Today's decision in Sossamon v. Texas, No. 08-1438, is here.

On behalf of Prison Fellowship and Christian Legal Society, the Center filed an amici brief arguing that damages provide an important deterrent to state action that infringes prisoners' religious freedom.  CLS and Prison Fellowship's brief is here.  The brief was prepared by Jim Lehman, Jay Thompson, and William Wood of Nelson, Mullins, Riley & Scarborough, Columbia, South Carolina.

With no fear of  money damages, a State may ignore its responsibilities under RLUIPA until it is on the verge of losing a prisoner lawsuit.  At that point, it may simply cease the violation without incurring any penalty for its RLUIPA violation.  In this particular case, the State of Texas conceded that it had limited prisoners' use of the prison chapel and denied certain prisoners access to religious services, both in violation of RLUIPA.