RLUIPA Upheld Against Spending Clause Challenge

In Madison v. Ritter, (WD Va., Jan. 25, 2006) a Virginia federal district court rejected a challenge to the constitutionality of the prisoner -protection provisions of the Religious Land Use and Institutionalized Persons Act. The court held that RLUIPA is valid Spending Clause legislation that is not barred by the Tenth, Eleventh or Fourteenth Amendments, the separation of powers doctrine, or the Establishment Clause. However, the court also certified its constitutional holdings for interlocutory review by the Fourth Circuit Court of Appeals.