RLUIPA Case Observations and Insights Archives

Equal Terms

Seeking Justice: Relief Available in RLUIPA Land Use Claims

The Religious Land Use and Institutionalized Persons Act (RLUIPA) provides vital protections for religious institutions facing discriminatory or unduly burdensome land use regulations. But what happens if a religious institution believes its RLUIPA rights have been violated? What kind of relief can they seek? In this blog post, we’ll explore the various remedies available to those who successfully bring a RLUIPA land use claim.

May 31, 2024 No Comments

RLUIPA

Protecting Religious Freedom in Land Use: Understanding the Non-Discrimination Provision of RLUIPA

This provision of RLUIPA, often referred to as the “non-discrimination provision,” serves as a shield against unfair treatment of religious organizations in the context of land use. It prohibits governments at all levels—federal, state, and local—from enacting or enforcing regulations that single out religious assemblies or institutions based on their faith or denominatio

May 28, 2024 No Comments

Equal Terms

Navigating the Maze: The Equal Terms Provision of RLUIPA in Land Use

The right to freely exercise one’s religion is a cornerstone of American society. However, navigating the complexities of land use regulations can sometimes create hurdles for religious institutions seeking to establish or expand their presence. The Religious Land Use and Institutionalized Persons Act (RLUIPA) aims to address this by ensuring a level playing field. Here, we delve into the act’s Equal Terms Provision and its application in land-use matters.

May 26, 2024 No Comments

RLUIPA

Navigating Faith and Zoning: Understanding “Substantial Burden” under RLUIPA

The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects the right of religious organizations to practice their faith without undue government interference. A key concept within RLUIPA is the idea of a “substantial burden” on religious exercise. This blog post unpacks what this term means and how it impacts religious institutions and land-use regulations.

May 22, 2024 No Comments

RLUIPA

The Federal Law Addressing Religious Land Use and Zoning that helps all Religious Assemblies in Zoning Matters.

The Religious Land Use and Institutionalized Persons Act, also known as RLUIPA, passed by a unanimous Congress and signed into law by President Clinton in 2000, was enacted by Congress in response to actions taken by local government to exclude houses of worship within communities. All types of religious uses, like Churches, Mosque, Temples and Synagogues faced discrimination in building on land in communities throughout the United States and as a result, Congress stepped in to address municipal discrimination

May 19, 2024 No Comments

Appellate and Constitutional Law

Divided Court Approves Destruction of Apache Sacred Site on Federal Land

The Western Apache have long worshipped at a sacred site called Oak Flat, which is situated on federal land in Arizona. Despite the sacredness of

March 6, 2024 No Comments

First Amendment

Who gets decide what “religious exercise” is within the parameters of RLUIPA?

A governmental entity has a very limited role when it comes to determining if a plaintiff is “religious enough,” or engaged in “religious activity,” for purposes of RLUIPA

February 13, 2024 No Comments

RLUIPA

Eleventh Circuit Court of Appeals Expounds RLUIPA Substantial Burden Analysis

The United States Court of Appeals for the Eleventh Circuit (“the Eleventh Circuit Court”) clarified how courts should determine whether a substantial burden on religious

February 12, 2024 No Comments

Religious Institutions

State Religious Freedom Restoration Act’s provide an alternative to RLUIPA when litigating a Religious Property Dispute

When litigating religious land use cases, it is important to look at state religious freedom restoration acts and add them as a claim to case

January 22, 2024 No Comments

RLUIPA

DOJ Supports Oregon Church’s Suit Under RLUIPA

In late 2023, the U.S. Department of Justice (“DOJ”) indicated support for a church in Oregon after the church began having legal issues with a

January 12, 2024 No Comments

Category: RLUIPA Case Observations and Insights

Seeking Justice: Relief Available in RLUIPA Land Use Claims

Protecting Religious Freedom in Land Use: Understanding the Non-Discrimination Provision of RLUIPA

Navigating the Maze: The Equal Terms Provision of RLUIPA in Land Use

Navigating Faith and Zoning: Understanding “Substantial Burden” under RLUIPA

The Federal Law Addressing Religious Land Use and Zoning that helps all Religious Assemblies in Zoning Matters.

Divided Court Approves Destruction of Apache Sacred Site on Federal Land

Who gets decide what “religious exercise” is within the parameters of RLUIPA?

Eleventh Circuit Court of Appeals Expounds RLUIPA Substantial Burden Analysis

State Religious Freedom Restoration Act’s provide an alternative to RLUIPA when litigating a Religious Property Dispute

DOJ Supports Oregon Church’s Suit Under RLUIPA

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