Vol. 119, No. 8
This Note attempts to resolve a significant impediment to the religious free exercise of prisoners. The Religious Land Use and Institutionalized Persons Act (RLUIPA) forbids the government from placing a “substantial burden” on a prisoner’s religious exercise. Congress did not define substantial burden in the statute, instead indicating that courts should rely on the Supreme Court’s free exercise jurisprudence for a definition.
The Supreme Court’s 2018 decision in Masterpiece Cakeshop left unresolved a central question running through the so-called wedding-vendor cases: Can the law ever grant religious exemptions to places of public accommodation without severely undermining antidiscrimination laws? The question is a difficult one, and people on both sides of these cases see the stakes as high. For supporters of same-sex marriage, these cases threaten...
Introduction On October 27, 2016, Casey Camp-Horinek was arrested for praying. The State of North Dakota claims that she was arrested for trespass, rioting, and endangerment by fire, but Camp-Horinek was acting out of a religious duty to protect the purity of Lake Oahe. This Comment will discuss whether the enforcement of these laws against […]