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Friday, November 18, 2011
Courts - "Church Turns to Higher Authority in Zoning Battle"
The Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”)is the focus of a lengthy story $$$ by Jess Bravin, dated Nov. 16th, in the WSJ. A quote:
Such battles are playing out across the U.S., from Litchfield, Conn., where officials argue that quintupling the size of an 1870s building to house a synagogue would mar the historic downtown, to Yuba City, Calif., where a county supervisor opposed a Sikh temple in an agricultural zone for interfering with the "right to farm."The ILB has had a number of earlier entries on the RLUIPA.In each case, the arguments are much the same: The religious group says federal law entitles it to do what its faith commands on its property, while cities, fiercely guarding their zoning powers, resist federal interference in decisions that affect local character and economic development.
The issue touches on some of America's fundamental legal principles. The Constitution limits Washington's power over state and local government. Yet it also grants Congress authority to enforce fundamental rights, including freedom of religion, and to regulate interstate commerce, which courts have interpreted broadly.
Invoking those powers, a Republican-controlled Congress in 2000 required states and cities to elevate religious use above other planning goals.
That law, signed by President Bill Clinton, reflected widespread political support for religious freedom. It was co-sponsored by two ideological opposites, Sen. Orrin Hatch, the Utah Republican, and the late Sen. Edward Kennedy, Democrat of Massachusetts, who said they found "massive evidence" that local governments were discriminating against religious groups.
But opposition to the law also crosses ideological lines and includes business groups and local governments, which say Congress relied on a few anecdotes to paint a misleading picture of intolerance.
Posted by Marcia Oddi on November 18, 2011 10:41 AM
Posted to Courts in general