In Mayweathers v. Newland, a group of Muslim prisoners in California brought suit against the prison system under the Religious Land Use and Institutionalized Persons Act (RLUIPA), alleging that prison rules penalizing their attendance at Friday afternoon religious services violated their free exercise rights. RLUIPA requires the government to justify any significant burden on the free exercise of religion with a compelling interest, and to show that the procedure that creates the burden is the least restrictive means possible in furthering that interest. The state responded that RLUIPA was unconstitutional because it exceeded the scope of congressional authority and violated the Establishment Clause. The U.S. Court of Appeals for the Ninth Circuit upheld RLUIPA, concluding that it was within Congress’s power to tax and spend for the general welfare. Further, citing Hobbie v. Unemployment Appeals Commission of Florida, the court held that RLUIPA did not violate the Establishment Clause because the government may accommodate religious practices without advancing religion or creating excessive government entanglement with religion.
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