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BENNING v. GEORGIA

Nos. 04-10979, 04-11044.

391 F.3d 1299 (2004)

Ralph Harrison BENNING, Plaintiff-Appellee, v. The State of GEORGIA, The Georgia Department of Corrections, Defendants-Appellants, United States of America, Intervenor-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 2, 2004.

Attorney(s) appearing for the Case

Devon Orland, Atlanta, GA, for Defendants-Appellants.

Derek L. Gaubatz, Anthony R. Picarello, Jr., Eric C. Rassbach, The Becket Fund for Religious Liberty, Washington, DC, for Plaintiff-Appellee.

Michael S. Raab, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, for Intervenor-Defendant-Appellee.

Gene C. Schaerr, Sidley, Austin, Brown & Wood, Mark B. Stern, Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, Todd R. Marti, Columbus, OH, for Religious and Civil Liberties Organizations, Amicus Curiae.

Before EDMONDSON, Chief Judge, and PRYOR and FAY, Circuit Judges.

PRYOR, Circuit Judge:

The issues presented in this appeal are whether Congress exceeded its authority under the Spending Clause of the Constitution or violated either the Establishment Clause or the Tenth Amendment in enacting section 3 of the Religious Land Use and Institutionalized Persons Act (RLUIPA), which requires state prisons that receive federal funds to refrain from burdening the religious exercise of prisoners...

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