RLUIPA.org
Federal judge allows appeal of RLUIPA constitutionality ruling
U.S. District Judge Lynn Adelman has granted The Becket Fund's request to certify for interlocutory appeal his decision striking down the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") as unconstitutional. An interlocutory appeal is one that asks a circuit court to review a lower court ruling on a key part of a case (in this instance, the constitutionality of RLUIPA) before it goes to trial in the District Court.
The Becket Fund made the request on March 25 on behalf of Wisconsin inmate Tayr Kilaab al Ghaiyah (Kahn), arguing that another Wisconsin prisoner case (decided in the Western District of Wisconsin in Madison) had been appealed by the Wisconsin Department of Corrections to the Seventh U.S. Circuit Court of Appeals in Chicago, and that "as a matter of fairness" Ghashiyah should have the same opportunity to address the appeals court as the DOC officials do.
In a decision and order dated March 28, 2003, Judge Adelman concluded that "the requirements for an interlocutory appeal are met." He added that "Appellate consideration now would foreclose the possibility of two rounds of discovery and two trials, one based on the Free Exercise Clause and the other on RLUIPA."
"I certify the following question for an interlocutory appeal: Does 42 U.S.C. § 2000cc-1 violate the Establishment Clause of the First Amendment?" Judge Adelman said in his order, adding that further proceedings in the case would be stayed "pending resolution of the issue by the court of appeals."
The Becket Fund has litigated or otherwise been involved in dozens of RLUIPA cases since the law was signed by President Clinton on September 22, 2000. Judge Adelman's order and other relevant court documents in the case can be found on two of The Becket Fund's web sites: www.becketfund.org and www.rluipa.com .