Institutionalized Persons and Religion
Overview of Enforcement of Federal Laws
The Civil Rights Division’s Special Litigation Section is charged with enforcing Federal laws protecting the rights of persons in certain State institutions, including prisons, juvenile detention facilities, mental institutions, and nursing homes. Section 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) provides that if a regulation imposes a substantial burden on the religious beliefs or practices of persons confined to certain institutions, the government must show a compelling justification, pursued through the least restrictive means. In addition to creating a private cause of action for institutionalized persons, RLUIPA also authorizes the attorney general to bring…
