Religious Land Use And Institutionalized Persons Act

[Julie Morgan]

Does anyone have a line on this?

 

[NHPlanner]

Religious Land Use & Institutionalized Persons Act S. 2869 / H.R. 4862

Passed House and Senate by voice vote on July 27.

Bill sent to President for signature.

Anti-RLUIP organizations are preparing court challenge.

 

[David Z]

This bill is being fought by the APA among others. Having read a copy of the bill I'm not sure what the issues are. Can anyone enlighten me?

 

[Jerry Weitz]

The bill was signed by the President. It basically says that local government land use regulations can not unduly restrict religious assembly and/or activities without a compelling public purpose. I saw a National League of Cities post saying how the law was an unnecessary intrusion into local home rule and would in effect invalidate local zoning powers with regard to churches and so forth.

I have read the law. I don't think that it will result in that dramatic of a conclusion. The law reads kind of like a first amendment court interpretation to me. However, I'm not an attorney and we should watch for legal interpretations as to how this affects local government zoning powers.

 

[Julie Gagnon]

Hi,

I'm a little late, but you can find a draft copy of the RLUIP act online: http://www.atheists.org/flash.line/rlpa34-b.htm

 

[BobH]

Is Julie's citation the same as the signed version?

 

[Jeffc]

There was an interesting article on the act in the October 27 Philadelphia Inquirer. The article cites lawyers, representing religious institutions, who interpret the act to mean that municipalities can not regulate other activities provided by religious organizations at their sites such as a soup kitchen, day care, thrift store. They may be correct, the act is certainly vague enough to allow all kinds of interpretations. I guess someone will make a buck off of this. The question is, will the act accomplish anything

 

[planasaurus]

you can look at old issues of APA 'From Washington' from their web site, I remember an old issue had an article about RLUIP.