Church Turns to Becket Fund for Supreme Court Appeal

Jul 20, 2007

On Friday, July 20, The Greater Bible Way Temple of Jackson, Michigan retained the Becket Fund for Religious Liberty to represent them in their appeal to the Supreme Court of the United States of a Michigan Supreme Court opinion from June that prevented the Church from building lower-income housing designed to help the homeless and needy. The Church had sued under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), a law that protects against religious discrimination and unnecessary burdens on religious exercise imposed by zoning boards. The Becket Fund for Religious Liberty has developed a reputation as a leader in the defense of RLUIPA, which was passed with unanimous consent by Congress and signed into law by President Clinton in 2000.

The June ruling overturned two lower court decisions, which had found in favor of the Church. While the Court ruled, among other things, that RLUIPA does not protect religiously-motivated service activities like those involved in this case, there is an extensive collection of rulings from Circuit Courts of Appeals around the country that have found otherwise. Despite this latest decision, the Church remains resolved to continue their charitable work. The Becket Fund will ask the Supreme Court of the United States to reconsider the decision.

“Greater Bible Way’s ministry is a great benefit to the community of Jackson, not just spiritually but also through their many charitable programs,” said Kevin J. Hasson, President of the Becket Fund. “The ministry’s work with the homeless and needy is a part of their religious exercise and for a handful of judges to decide that it isn’t is outrageous.”

“With all due respect, we think the Michigan Supreme Court got it wrong, and is out of step with other courts in this country,” continued Hasson. “We very much hope the Supreme Court of the United States takes the case to clean up the confusion.”

“We retained the services of the Becket Fund after they were recommended to us by several legal organizations because of their expertise and outstanding track record in RLUIPA cases,” said Bishop Ira Combs, Jr. of Greater Bible Way Temple. “We have the greatest confidence in the Becket Fund to give us the best chance to continue our important work for our community.”

The Becket Fund also represents Okemos Christian Center in their RLUIPA case against Meridian Charter Township, MI. A decision in that case is currently pending at the U.S. Sixth Circuit Court of Appeals.

Relevant Cases

• Greater Bible Way Temple of Jackson v. City of Jackson et al.