Three Church Property Rights Cases Appealed to the Supreme CourtMar 10, 2008 Over the last four weeks, the Becket Fund for Religious Liberty filed three appeals to the Supreme Court of the United States on behalf of churches suing under the Religious Land Use and Institutionalized Persons Act ("RLUIPA") to use their property for ministry. The third of The Becket Fund appeals was filed yesterday.
“These three cases are part of a broader trend of confusion in the lower courts over what RLUIPA means. The Supreme Court should step in and let the lower courts and local governments know that RLUIPA means just what it says,” said Eric Rassbach, national litigation director at the Becket Fund.
The Becket Fund, based in Washington, D.C., is a public interest law firm protecting the free expression of all religious traditions. It is nonprofit, nonpartisan, and interfaith.
The three cases that were appealed to the Supreme Court are:
- Greater Bible Way Temple v. City of Jackson (Michigan): filed 2/15
An inner-city church located in Jackson, Michigan hopes to minister to the elderly and disabled by providing housing for them on property it owns across the street from the church. After being denied permits, Greater Bible Way sued Jackson for imposing a substantial burden on its religious exercise, in violation of RLUIPA. The lower courts ruled for the church, but the Supreme Court of Michigan reversed them, saying that the church can't sue just because the city won't let it use its property. The church has to prove that there is nowhere in the city it can build. After this loss, Greater Bible Way contacted the Becket Fund and asked us to take an appeal to the United States Supreme Court.
Update: Cert. denied on April 14th.
- Lighthouse Institute for Evangelism v. City of Long Branch (New Jersey): filed 2/25
The Lighthouse Mission owns property in a depressed part of downtown Long Branch, where it wants to use its small property to conduct worship services and operate a soup kitchen for the poor. The city didn't think that fit into its vision of turning its downtown into an entertainment area including bars, restaurants and theaters, so it denied the Lighthouse Mission a zoning permit. The federal Third Circuit Court of Appeals held that the city could stop the church from operating because of a separate law that limits liquor licenses within 200 feet of a church. The city's need for bars trumped the church's right to worship. The Becket Fund's appeal argues that the city can't treat the Lighthouse Mission worse than other assemblies - like theaters and restaurants - that are allowed in downtown Long Branch.
Update: Click here for copies of the Becket Fund Petition, the City's Response, and the Becket Fund Reply.
- Living Water Church of God v. Township of Meridian (Michigan): filed 3/10
The Living Water Church of God wanted to renovate and expand its religious school in order to continue operation. When the Township of Meridian denied their zoning application, the church sued the township on grounds that the township placed a substantial burden on the church's ability to operate the school. And in fact, the church was forced to shut down the school because of the township's refusal to issue a permit. The federal Sixth Circuit Court of Appeals ruled that it didn't matter that the city forced the church to close the school, as long as the City didn't force the church to abandon any of its beliefs.
“These three cases illustrate the trouble the lower courts are having understanding, much less applying, RLUIPA. The Supreme Court is the only court that can clear up the mess and ensure that municipalities don't use zoning codes to discriminate against people of faith,” said Mr. Rassbach.
To arrange an interview with a Becket Fund attorney, contact Tom Carter at 202-349-7205, or 202-538-2044 (cell) or becketfund.carter@gmail.org.
For more information about The Becket Fund see www.becketfund.org. Resources & Documents
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