Civil Rights Division RLUIPA Summary

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Summary

The Section is charged with enforcing the “institutionalized persons” provisions of the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc. Those provisions prohibit State and local governments from imposing a substantial burden on the religious exercise of a person confined to an institution, unless the government demonstrates that the burden furthers a compelling government interest and is the least restrictive means of achieving that interest. Institutions are defined by reference to another statute the Section enforces, the Civil Rights of Institutionalized Persons Act, 42 U.S.C. §1997. Prisons, jails, pretrial detention facilities, juvenile facilities, and institutions housing persons with a variety of disabilities that are under control of or provide services on behalf of State or local governments qualify as “institutions” under RLUIPA.

Since the enactment of RLUIPA in 2000, the Section has opened more than 10 investigations and conducted numerous other informal investigations pursuant to RLUIPA. The Section is often able to address and rectify restrictions on religious exercise prior to formal initiation of an investigation or court action pursuant to RLUIPA’s “safe harbor” provision, Section 4(e), which allows governments to avoid the prospective force of RLUIPA by changing its policy or practice or otherwise lifting the burden on religious exercise. Such pre-suit resolution is an efficient and effective means to protect the religious freedoms of institutionalized persons, and it is particularly crucial in the institutionalized persons’ context, where the individual’s efforts to honor his or her religious tradition can lead to significant health concerns or serious disciplinary action.

For example, the Section has received allegations in several cases that an individual has been denied a diet that is consistent with the individual’s religious practices, and that the individual has lost significant weight because of their refusal to consume food that violates their religious beliefs, placing their health at significant risk. After contacting the jurisdiction, the Division has been able to collaborate with State or local officials to ensure that the individual’s health is monitored and that an appropriate diet is being provided. The Section has achieved similar outcomes in some of its formal investigations. For example, after the Section opened an investigation of a prison in Utah, the prison modified its policies to accommodate the inmate’s religious practice and began providing a vegan meal that was consonant with his Hindu faith. Similarly, a prison in Indiana began providing a Buddhist inmate with an appropriate diet shortly after the Section initiated its investigation.

The Section has initiated formal and informal investigations in a variety of institutions, including jails, prisons, and nursing homes. In its investigation of a nursing home in New York, the Section received allegations that the nursing home staff members failed to accommodate a Sikh resident’s religious practices, resulting in the resident being fed an inappropriate diet and his hair being trimmed, both in violation of his religious beliefs. The resident’s family had filed a private suit against the facility, and shortly after the Section initiated its investigation, the family was able to obtain a settlement that required that guidelines were distributed and training provided on accommodating the religious practices of Sikh residents. The Section, in collaboration with the local United States Attorney’s office, reached an agreement with the facility that ensured that the settlement agreement with the family would be honored.

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