Have there been any rulings yet on RLUIPA’s constitutionality?

Friday, December 27, 2002

Yes. So far, two federal district courts have considered the act’s land-use provisions. (Additional courts have considered RLUIPA’s institutionalized-persons provisions.) Both in Freedom Baptist Church v. Township of Middletown and Charles v. Verhagen, the courts found RLUIPA to be a constitutional exercise of congressional power. A number of other cases are currently pending, and it is likely that several will produce rulings from the various federal appellate courts. Once a case with convenient facts reaches the appropriate stage, the Supreme Court will almost certainly take the opportunity to rule definitively on RLUIPA’s constitutionality.