The Arkansas Senate, in passing Bill no. 939 (now Act 1231), authorized the placement of a Ten Commandments monument on the grounds of the Arkansas State Capitol to purportedly “help the people of the United States and of...more
The Ninth Circuit has affirmed a lower court’s decision ruling that a twelve foot statute of Jesus near Montana’s Big Mountain does not violate the First Amendment’s Establishment Clause. The statue, known as “Big Mountain...more
A few weeks ago, we reported on a new RLUIPA suit arising in Genoa Charter Township, Michigan, where Livingston Christian Schools is suing the Township over the denial of a special land use permit to operate a religious...more
Last month, we reported on the New York State Supreme Court decision that held the Town of Southampton, New York erroneously applied its sign ordinance to East End Eruv Association’s (“EEEA”) proposed eruv, which EEEA seeks...more
A federal court in Illinois, in Church of Our Lord and Savior, Jesus Christ v. City of Markham, Illinois (N.D. Ill. 2015), dismissed some of the Church’s religious land use claims while allowing others to proceed. The case is...more
8/25/2015
/ Burwell v Hobby Lobby ,
Churches ,
Conditional Use Permit ,
First Amendment ,
Free Exercise Clause ,
Hobby Lobby ,
Open Meetings Act ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
SCOTUS
We’ve been monitoring news items involving local government, religion, and land use that may be of interest to our readers. Below is what has caught our attention.
Livingston Daily reports that Genoa Charter Township...more
8/24/2015
/ Corporate Contributions ,
Freedom of Religion ,
Holt v Hobbs ,
Preliminary Injunctions ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Same-Sex Marriage ,
SCOTUS ,
Special Use Permit ,
Tax Exemptions
Local governments may now have more to fear following the Supreme Court’s decision in Reed v. Town of Gilbert. While the Reed decision may cause many local governments to question the constitutionality of their sign...more
As the end of summer nears, most schools are finalizing courses and preparing for the return of students. Livingston Christian Schools has much more to deal with – it is suing Genoa Charter Township, Michigan, in federal...more
Two Houston churches are using the Texas Religious Freedom Restoration Act (“TRFRA”) to challenge the Houston Housing Authority’s actions to acquire their properties by eminent domain as part of an urban renewal project. The...more
Since December 2014, the Woodcliff Lake Zoning Board of Adjustment has been considering Valley Chabad’s application for variances to construct a three and a half story, 18,550 square foot religious facility on 1.27 acres in a...more
The U.S. District Court for the Western District of Pennsylvania dismissed an Establishment Clause challenge to a Ten Commandments monument located on the lawn outside a local high school, in Freedom From Religion Foundation...more
After a brief summer hiatus, RLUIPA Defense is back with another edition of the Round-Up. What better way to kick things off than with news about the Satanic Temple of Detroit, which recently unveiled “The Satanic Temple...more
A Phoenix federal court recently issued a decision that may be of interest to local governments for two reasons. First, the case, Salman v. City of Phoenix (D. AZ 2015), is notable for its finding that RLUIPA claims cannot...more
For the past 5-plus years, East End Eruv Association (“EEEA”) has been involved in federal litigation seeking approval to construct an eruv in accordance with its religious beliefs (East End Eruv Association v. Westhampton...more
As promised in our earlier post, Reed v. Gilbert: Impact to municipalities across the nation, this post provides a summary of Walker v. Texas Division, Sons of Confederate Veterans, a case that, coupled with Reed, has led...more
Religion Clause Blog reports that Indiana’s First Church of Cannabis is using the state’s recently enacted religious freedom law to protect its founder and two members from prosecution for possession of marijuana. The Church...more
7/13/2015
/ American Civil Liberties Union (ACLU) ,
Churches ,
Controlled Substances ,
Decriminalization of Marijuana ,
Discrimination ,
DOMA ,
Drug Possession ,
Equal Protection ,
Fourteenth Amendment ,
Freedom From Religion Foundation ,
Freedom of Religion ,
Marijuana ,
Marriage Equality ,
Prayer ,
Religion ,
Religious Institutions ,
RLUIPA ,
Same-Sex Marriage
In a case we have been following, Oklahoma’s Supreme Court has ruled that a Ten Commandments monument on the Oklahoma Capitol grounds is unconstitutional under state law. We previously reported on the lower court’s decision...more
Independence Day—no better time to reflect on the numerous (enumerated and unenumerated) rights protected by our United States Constitution. Thanks to Obergefell v. Hodges, those rights are now more clearly focused. However,...more
7/3/2015
/ Churches ,
Department of Justice (DOJ) ,
Marriage ,
Marriage Equality ,
Obergefell v. Hodges ,
Permits ,
Religious Accommodation ,
RLUIPA ,
Same-Sex Marriage ,
SCOTUS ,
Zoning Laws
The Danbury Zoning Board of Appeals denied a church’s application for variances to develop an 18-acre parcel with a house of worship and priest residence. Now, Danbury could join the list of Connecticut municipalities that...more
Last week, we reported on the potential impact of Reed v. Gilbert, the sign regulation case that has municipalities across the nation concerned about the enforceability of local sign ordinances. This week, we’re happy to...more
7/1/2015
/ Churches ,
Commercial Speech ,
Content-Neutral ,
First Amendment ,
Fourteenth Amendment ,
Local Ordinance ,
Municipalities ,
Reed v Town of Gilbert ,
RLUIPA ,
Signs ,
Zoning Laws
Coral Springs, Florida may allow Satanist Chaz Stevens to begin a City Commission meeting with an invocation honoring Satan in September or October. However, Mayor Skip Campbell will first meet with commission members to...more
Although the case is outside the RLUIPA realm or even specific to religious-based speech, the Supreme Court’s decision last week in Reed v. Gilbert will undoubtedly impact RLUIPA Defense readers. We previously reported on the...more
We’re a little late with the round-up, but promise to continue our effort to bring you interesting stories from the intersection of religion and government.
- Mayfair, Pennsylvania residents feel disappointment after...more
Earlier this year, we reported that the dispute between Jacksonville Beach, Florida and the Church of Our Savior continued to boil in mediation, with attorneys’ fees nearing $700K. After finding that Jacksonville violated...more
We bring you more interesting news from the world of land use, religion and government:
The Chicago Tribune reports that the Village of La Grange, Illinois Planning Commission is considering a proposed zoning code...more