Ninth Circuit Upholds RLUIPA with Force for Sikh Society

Aug 2, 2006

A religious group in California scored a major victory yesterday when the Ninth Circuit Court of Appeals held that they had the right to build a place of worship in their neighborhood. That was the position successfully argued by The Becket Fund for Religious Liberty, a non-profit law firm renowned for protecting the free expression of all religious traditions.

The Becket Fund filed an amicus curiae (friend of the court) brief in the case of Guru Nanak Sikh Society v. County of Sutter. The brief stated that the denial by Sutter County’s Board of Commissioners to issue a building permit to the Sikhs violated the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) because it "substantially burdened" the free exercise of religion. The federal appellate court agreed.

“This resounding victory for the Sikh group has nationwide implications for a wide range of cases dealing with religious land interests,” said Jared N. Leland, spokesman for The Becket Fund, “and it will echo especially loudly in California.”

Leland is referring to similar cases pending before the Ninth Circuit as well as other federal district courts in the state in which Becket Fund attorneys are primary counsel.

“Yesterday’s ruling will also undoubtedly impact the case of Redwood Christian Schools v. County of Alameda, another Becket Fund case before a federal district court in California,” Leland added.