U.S. District Court in Philadelphia upholds constitutionality of RLUIPAMay 8, 2002
In a landmark decision, U.S. District Court Judge Stewart Dalzell held today
that the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA")
is constitutional and does not violate the First Amendment's Establishment Clause.
In a 40-page opinion, Judge Dalzell stated unequivocally the case "illustrates
that the RLUIPA reaches down to what has traditionally been a matter of almost
exclusively local concern, the enforcement of zoning codes."
On April 26, Judge Dalzell heard oral arguments in Freedom Baptist Church v.
Township of Middletown , in which The Becket Fund and the U.S. Department of
Justice each offered arguments supporting RLUIPA's constitutionality. The Establishment
Clause argument had been raised for the first time by the Township of Middletown
in their reply brief, and Judge Dalzell gave the parties an additional week
to file supplemental briefs on the issue.
Becket Fund General Counsel Anthony Picarello said that the opinion represents
a very thorough treatment of the constitutional issues raised in the case. "Zoning
boards have a clear and unmistakable obligation to obey the First Amendment—a
simple proposition that they often manage to forget. RLUIPA and Judge Dalzell's
decision today are clear reminders of that fact."
The Becket Fund, along with local attorney Theodore Hoppe, represents Freedom
Baptist Church in its lawsuit against the Township. Religious worship is not
a "permitted" use in any zoning district in Middletown, but many other
non-religious assembly uses—from fraternal organizations to union halls—are
permitted as of right, differential treatment that clearly violates RLUIPA.
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