Religious Land Use Appeal Looks to 'Hobby Lobby'
A federal appeals court on Monday will hear arguments for the first time on how to apply recent U.S. Supreme Court precedent to a federal statute that protects religious groups from unconstitutionally restrictive land-use regulations.
January 29, 2015 at 08:12 AM
5 minute read
A federal appeals court on Monday will hear arguments for the first time on how to apply recent U.S. Supreme Court precedent to a federal statute that protects religious groups from unconstitutionally restrictive land-use regulations.
The case, before the U.S. Court of Appeals for the Ninth Circuit, partly hinges on the Burwell v. Hobby Lobby decision in June, in which the Supreme Court found that the federal government violated the Religious Freedom Restoration Act by requiring the retailer to provide health insurance coverage for contraceptives under the Patient Protection and Affordable Care Act.
The current case was brought by a Christian church that was denied a permit from city officials in Ventura, Calif., to feed the homeless on its property. The church asserts that the city's actions violated the Religious Land Use and Institutionalized Persons Act, or RLUIPA, which prohibits zoning laws from imposing on religious practices without using “the least restrictive means of furthering a compelling governmental interest.” The city, however, has maintained its actions amounted to the need for public safety given an increase in crime in the area.
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