This section contains the nature of the case and procedural background.

Cutter (Ps) are current and former inmates and assert that they are adherents of “nonmainstream” religions: the Satanist, Wicca, and Asatru religions, and the Church of Jesus Christ Christian. Ps sued in that Ohio prison officials Wilkinson (Ds) for violation of RLUIPA, having failed to accommodate their religious exercise. Ds mounted a facial challenge in that the Act improperly advances religion in violation of the First Amendment’s Establishment Clause. The District Court denied Ds' motion to dismiss, but the Court of Appeals reversed that determination. The appeals court held, as the prison officials urged, that the portion of RLUIPA applicable to institutionalized persons, violates the Establishment Clause. Citing Lemon, the Court of Appeals held that §3 of RLUIPA “impermissibly advances religion by giving greater protection to religious rights than to other constitutionally protected rights.

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