State Religious Freedom Restoration Laws
In addition to the federal law creating the Religious Land Use and Institutionalized Persons Act, several states have enacted their own version of the law.
May 3, 2010
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In addition to the federal law creating the Religious Land Use and Institutionalized Persons Act, several states have enacted their own version of the law.
Carlinville Southern Baptist Church, located in Carlinville, Illinois thought how blessed it was when it purchased a former Wal-Mart store in early 2008 to have
If your religious organization is considering a RLUIPA challenge to local zoning laws, it should consider the following actions before filing a lawsuit.
One of the most vexing questions in land use law is the flawed doctrine of ripeness with respect to religious land use claims. The issue
Ten years after Congress passed the Religious Land Use and Institutionalized Persons Act, local governments still argue that RLUIPA is unconstitutional claiming that it gives
Many of the cases involving RLUIPA occur after a religious entity has been at a location for a period of time, has grown and now
Before Congress enacted RLUIPA in 2000, the conventional view confirmed by judicial decisions, and lawyers like me, was that religious land uses cases would be
Congress provided two remedies for religious organizations that prevail in religious lands use disputes under RLUIPA. The first is an award of attorney fees under
The fourth and fifth prongs of RLUIPA are the unreasonable limitations and exclusions clauses found at 42 USC 2000cc (2)(b)(2). In order establish a claim
The third area of religious discrimination Congress addressed when enacting RLUIPA is that of non-discrimination. Congress provided that “No government shall impose or implement a
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