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CUTTER v. WILKINSON

No. 03-9877.

544 U.S. 709 (2005)

CUTTER ET AL. v. WILKINSON, DIRECTOR, OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, et al.

Supreme Court of United States.

Decided May 31, 2005.

Attorney(s) appearing for the Case

David Goldberger argued the cause for petitioners. With him on the briefs were Marc D. Stern and Benson A. Wolman.

Acting Solicitor General Clement argued the cause for the United States as respondent under this Court's Rule 12.6 in support of petitioners. With him on the briefs were Assistant Attorney General Keisler, Patricia A. Millett, Mark B. Stern, and Michael S. Raab.

Douglas R. Cole, State Solicitor of Ohio, argued the cause for respondents. With him on the brief were Jim Petro, Attorney General, Stephen P. Carney, Senior Deputy Solicitor, and Todd R. Marti and Franklin E. Crawford, Assistant Solicitors.*

GINSBURG, J., delivered the opinion for a unanimous Court. THOMAS, J., filed a concurring opinion, p. 726.

JUSTICE GINSBURG delivered the opinion of the Court.

Section 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA or Act), 114 Stat. 804, 42 U. S. C. § 2000cc-1(a)(1)-(2), provides in part: "No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution," unless the burden furthers "a compelling governmental interest," and does...

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