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Abstract
When prison officials violate the free exercise rights of prisoners, prisoners can seek recourse under 42 U.S.C. § 1983. However, due to the specialized and restrictive nature of prisons, courts adjudicate these claims under a reasonableness test set out in the case Turner v. Safley instead of under a strict scrutiny standard. While circuits agree on using the Turner test for prisoner free exercise claims, there is a deep circuit split on the proper threshold test for these types of claims.
While some circuits hold that inmates need to show that their religious practice was substantially burdened, other circuits hold that inmates just need to show that their religious practice was sincere. These threshold tests produce significant differences in how prisoner free exercise claims are litigated in court. After exploring the relevant Supreme Court guidance, this Comment aims to settle the split by examining each threshold test on its respective merits, considering neutral criteria such as screening ability, adherence to judicial capacity, and workability.
Recommended Citation
Wang, David
(2025)
"Sincerity or Substantial Burden? Investigating the Proper Threshold Test for Prisoner Free Exercise Claims,"
University of Chicago Law Review: Vol. 92:
Iss.
8, Article 6.
Available at:
https://chicagounbound.uchicago.edu/uclrev/vol92/iss8/6