{ "id": "RS20638", "type": "CRS Report", "typeId": "REPORTS", "number": "RS20638", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 100024, "date": "2000-10-04", "retrieved": "2016-05-24T20:33:07.292941", "title": "The Religious Land Use and Institutionalized Persons Act of 2000", "summary": "On September 22, 2000, President Clinton signed into law the \"Religious Land Use and\nInstitutionalized Persons Act\" (RLUIPA). The measure is a truncated version of the \"Religious\nLiberty Protection Act\" ( H.R. 1691 ), which passed the House in 1999 but lost\nmomentum after a dispute emerged over its effect on state and local civil rights laws. RLUIPA is the\nlatest chapter in what has been a lengthy dispute over whether religious practices ought to be given\nspecial treatment by government and about Congress' constitutional authority to require state and\nlocal governments to do so. RLUIPA uses Congress' interstate commerce, spending clause, and\nFourteenth Amendment powers to impose a strict scrutiny test on (1) state and local zoning and\nlandmarking actions that substantially burden a person's or institution's religious exercise and (2) on\nstate and local actions that substantially burden the religious exercise of persons who are in state\ninstitutions. Issues that have been raised about the measure include whether religious exercise ought\nto be afforded special treatment, its effect on historic preservation policies and practices, whether it\nunduly interferes with state and local prerogatives regarding land use, and its constitutionality. A\nlegal challenge to the constitutionality of the measure seems likely to be made in the not-too-distant\nfuture.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS20638", "sha1": "a8c6022275119915bf957bf1bc96dd9cf4be7aad", "filename": "files/20001004_RS20638_a8c6022275119915bf957bf1bc96dd9cf4be7aad.pdf", "images": null }, { "format": "HTML", "filename": "files/20001004_RS20638_a8c6022275119915bf957bf1bc96dd9cf4be7aad.html" } ], "topics": [] } ], "topics": [ "American Law", "Constitutional Questions" ] }