Freedom From Religion: RLUIPA, Religious Freedom, and Representative Democracy on Trial
Anthony Lazzaro Minervini, 158 U. Pa. L. Rev. 571 (2010)
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In Part I of this Comment, I review the history of federal protection of religious exercise from the ratification of the Constitution to the enactment of RLUIPA. In Part II, I summarize the judicial interpretations of RLUIPA’s Equal Terms provision. Finally, in Part III, I argue that the Eleventh Circuit’s interpretation in Midrash is preferable because it recognizes legislative supremacy and effectuates the will of the American people as expressed in the text of the statute enacted by their elected representatives.
