The Expansion of Religious Freedom Claims For Inmates Under RLUIPA (2023)

This paper, with a focus on the development and implementation of prisoners’ religious rights, will cover four main sections. Section I will set out the beginnings of prisoners’ rights. This section details the constitutional framework of these rights with a focus on incarcerated individuals in prisons and proceeds with the statutory frameworks of the Religious Freedom and Restoration Act (“RFRA”) as well as RLUIPA. Section II will discuss the Supreme Court’s interpretations of these two statutes. Next, Section III will cover decisions in the lower courts on prisoner claims regarding dietary restriction substantially burdening their religious freedoms. Subpart A covers these decisions before the statutes, subpart B covers these decisions under RFRA, and subpart C covers these decisions under RLUIPA. Lastly, Section IV will cover an analysis of these decisions and the direction in which the court seems to be heading.