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Legal Commentary

: JURIST - Hotline

Ninth Circuit's Khatib decision undermines free exercise of religion

By Mark Hamilton

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Christina Abraham [Civil Rights Director, Council on American-Islamic Relations (CAIR) -Illinois] "In a feat of apologetic acrobatics, the Ninth Circuit Court of Appeals rendered a decision [PDF file] in Khatib v. County of Orange affirming a district court's dismissal of a complaint under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The decision uses faulty legal reasoning to arrive at a conclusion that dangerously undermines the well-established principle that the government may not unnecessarily infringe upon an individual's right to exercise his or her religion. Souhair Khatib sued the County of Orange after she had been held in the county court's holding facility from 9am to 4:30pm and was

Full post as published by JURIST - Hotline on May 08, 2010 (boomark / email).

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