This is an intriguing moment in history. Federal and state government agencies are quickly cutting funding for social services that assist the homeless, the poor,
The right to practice one’s religion freely is a cornerstone of American liberty, enshrined in the First Amendment of the U.S. Constitution. However, this fundamental
The First Amendment to the United States Constitution contains two clauses addressing religion: the Free Exercise Clause and the Establishment Clause. These religion clauses generally
Although 42 U.S.C. § 1983 (commonly known as “§ 1983”) is one of the most potent tools that a plaintiff has for the enforcement of
Twenty-four years ago, the Religious Land Use and Institutionalized Persons Act (RLUIPA) was signed into law, marking a significant milestone in protecting religious liberty in
Good afternoon. Thank you for inviting me to speak with you today. I have been asked to provide my remarks outlining the laws Congress passed
On its face, land use law is sometimes straight forward. Landowners, businesses, and other entities are permitted to use land one way, but not another
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.
The Atlantic Magazine profiled the case of North Jersey Vineyard v. City of South Hackensack, New Jersey, a case that I litigated where the Court applied the Religious Land Use and Institutionalized Persons Act (RLUIPA), to an land use decision of a local community that barred a church from using a building it purchased in an area zoned for religious use, that ultimately resulted in a difficult years long lawsuit.
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
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