Westchester Day School Case Moves to 2nd CircuitDec 1, 2006 As reported in the Journal News, arguments are being held today before the 2nd Circuit Court of Appeals in the case of Westchester Day School v. Village of Mamaroneck. The village is appealing a ruling by a federal judge which concluded that the village was substantially burdening the free exercise of religion of the Jewish Orthodox elementary/middle school, in violation of RLUIPA. The lawsuit is among a handful of RLUIPA cases in the Lower Hudson Valley, but the first of its kind to reach the 2nd Circuit Court of Appeals. In theory, the next appeal would be to the U.S. Supreme Court.
"This is significant because it will be the first case that will address the substantive side of RLUIPA - the religious land-use part of it," said Derek Gaubatz, director of litigation for the Becket Fund for Religious Liberty, a national organization that advocates for religious freedom...
"Municipalities will soon start to realize that it's not business as usual when it's a religious organization," Gaubatz said. "The free exercise of religion is protected by the constitution - Wal-Mart is not." Read the Journal News article. Read the Becket Fund amicus brief (PDF, 117K) Relevant Cases
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