Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Cutter v. Wilkinson

United States Supreme Court
544 U.S. 709 (2005)



Section 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) provides that the government shall not impose a substantial burden on the religious exercise of a person in confinement unless the burden furthers a compelling governmental interest, and does so by the least restrictive means. Cutter and others (plaintiffs) are current and former inmates of institutions operated by the Ohio Department of Rehabilitation and Correction and adhere to untraditional religious sects. Cutter complained that prison officials, in violation of RLUIPA, failed to accommodate their religious exercise in various ways. Cutter brought suit against Wilkinson, a prison official, and the Ohio Department of Rehabilitation and Correction (defendants) in federal district court. Wilkinson also brought a facial challenge to RLUIPA, arguing that the act improperly advances religion in violation of the First Amendment’s Establishment Clause. The district court granted relief for Cutter, but the court of appeals reversed and held that RLUIPA violates the Establishment Clause.

Rule of Law


Holding and Reasoning (Ginsburg, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 458,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 458,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial