Barry Black and Sarah E. Child How RLUIPA Protects the Right To Use Land for Religious Purposes
A 20-year-old federal statute permits religious institutions and people of faith, as well as the U.S. government, to challenge land use regulations that place a substantial burden on religious exercise or that discriminate on the basis of religion. In this edition of their Religion Law column, Barry Black and Sarah E. Child discuss the statute and explore how courts interpret its provisions.
May 27, 2021 at 12:45 PM
10 minute read
Last December, the U.S. Department of Justice filed a lawsuit against the Village of Airmont, in Rockland County, New York, asserting that the village applied the provisions of a new zoning code in a discriminatory manner to make it impossible for Orthodox Jewish residents to win zoning approval for home synagogues and a school; implemented an 18-month village-wide moratorium on development that had no legitimate governmental purpose and instead was used to prevent Orthodox Jewish community members from advancing their religious land use applications; and arbitrarily enforced and interpreted local laws to prevent Orthodox Jews from using their privately owned property in ways consistent with their faith, such as prohibiting homeowners from clearing trees to construct sukkahs (ritual huts required during the festival of Sukkot) or to install mikvahs (ritual baths necessary for religious observance). These actions, according to the government, violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §2000cc et seq.
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