their mail censored, and have their worldly possessions taken away from them, all the while witnessing religious inmates being exempted from the reach of these rules. An objective inmate, as opposed to an objective congressman or judge, would have no doubt that RLUIPA has established religious inmates as "favored members" of the prison community.
As all of the rights of inmates are burdened under the prison system, this is not an example of a law that an objective observer would see as merely lifting a burden imposed only on religion. See Amos, 483 U.S. at 348, 107 S.Ct. at 2874-75 (O'Connor, J., concurring). Non-religious prisoners would continue to be limited in the manner in which they are able to exercise and protect their fundamental rights after the passage ofcontrolling question of law as to which there is substantial ground for difference of opinion, and that an immediate appeal from the Court's decision to the United States Court of Appeals for the Fourth Circuit, pursuant to 28 U.S.C. § 1292(b) (2002), may materially advance the ultimate termination of the litigation. Accordingly, the Court certifies the issue of the constitutionality of section 2000cc-l of RLUIPA for interlocutory appeal to the Fourth Circuit.

ORDER
This matter is before the Court on the Defendants' Motion to Dismiss the Plaintiffs claim under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), 42 U.S.C. § 2000cc-l (2002), on the basis that the Act violates the United States Constitution. The Court heard oral arguments from the parties and the United States Government as