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Article: RLUIPA and congressional intent.(Religious Freedom Restoration Act of 1993)(Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States)
- Article from:
- Albany Law Review
- Article date:
- September 22, 2007
- Author:
CopyrightCOPYRIGHT 2007 Albany Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Today I want to talk about the Religious Land Use and Institutionalized Persons Protection Act, otherwise known by the acronym RLUIPA. Specifically, I want to talk about the portions of RLUIPA that deal with land use more than the institutionalized persons provisions of RLUIPA. I want to try to, in brief fashion, make two quick arguments. One is that the land use provisions of RLUIPA are constitutional. In other words, Congress had the authority under Section 5 of the Fourteenth Amendment to enact those provisions. And two, to the extent that there are constitutional questions about the power of Congress to pass RLUIPA, the current academic debate and current academic ...