Subject: [AthofSV] Supreme Court Takes Up Religious "Special Rights" Law

From: "Mark W. Thomas" <[email-masked]>
Date: Wed, 16 Mar 2005 16:33:35 -0800

from: AMERICAN ATHEISTS, INC. http://www.atheists.org

For more information, please contact:
Ellen Johnson, President (973)691-1808
Dave Silverman, Communications Director (732) 648-9333

FOR IMMEDIATE RELEASE: March 16, 2005

SUPREME COURT TAKES UP RELIGIOUS "SPECIAL RIGHTS" LAW, CLAIM THAT SEPARATION
DOES NOT APPLY TO THE STATES

The U.S. Supreme Court is scheduled to hear the CUTTER v. WILKINSON case
next week which
could prove to be a crucial test of the controversial Religious Land Use and
Institutionalized Persons Act (RLUIPA).

Though not as visible as cases involving display of the Ten Commandments on
public property or the presence of "under God" in the Pledge of Allegiance,
the issues in CUTTER are more far
reaching and could seriously alter the role of the Establishment Clause in
protecting the separation of church and state.  Prisoners in Ohio charged
that state  corrections officials  violated RLUIPA by not catering to their
religious beliefs and practices.  At issue is whether the state must use
extraordinary standards when deciding policy relevant to such religion-based
practices.

"This heightened scrutiny gives an advantage to religious inmates and
ministries, and elevates
religion above other constitutionally protected rights," said Ellen Johnson,
president of American Atheists.  She added that religious extremists,
including "Christian Identity" white racists and Muslims have used the Act
to organize and spread propaganda under the veneer of theology and protected
religious rights.

The U.S. Sixth Circuit Court of Appeals found that RLUIPA violated the
Establishment Clause by
requiring the government to give special treatment when religious groups and
practices were
involved.

"The implications of RLUIPA go far beyond the walls of our prisons," said
Dave Silverman,
Communications Director for American Atheists.  "The statute is responsible
for growing litigation where churches and other religious groups are
ignoring everything from land use laws to environmental restrictions that
everyone else is required to obey."

Mr. Silverman added that there while conditions in prisons need to be
improved, "RLUIPA is aimed at giving special privileges to religious
inmates.  There are better ways to protect the civil rights of incarcerated
people."

American Atheists is a nationwide movement which defends the civil rights of
nonbelievers, works for the separation of church and state, and addresses
issues of First Amendment public policy.

 American Atheists, Inc. P. O. Box 5733 Parsippany, NJ 07054-6733
Tel: (908) 276-7300 Fax: (908) 276-7402