RLUIPA - Religious Land Use and Institutionalized Persons Act
Have you heard of the Religious Land Use and Institutionalized Persons Act (RLUIPA)? Not many are familiar with the RLUIPA, but everyone who cares about church/state separation needs to be familiar with what it says and what effects it can have on local zoning and land-use regulations. Under the guise of protecting religious liberty, Congress passed a law which effectively gives special rights to religious institutions, a situation which the Supreme Court struck down once already.
Signed into law buy President Clinton on Friday, September 22, 2000, the RLUIPA had been passed Congress on July 27, without hearings or debate, only two weeks after it was introduced. The RLUIPA creates a huge loophole which enables any religious institution to challenge and ultimately ignore local land use and zoning regulations. Examples of regulations which would be included here are parking and traffic mitigation requirements, setback and emergency vehicle access requirements, tree ordinances, drainage and flood protection requirements, and even noise limits.
Origins of the RLUIPA
Why was the Religious Land Use and Institutionalized Persons Act (RLUIPA) passed? A number of justifications have been offered, but none of them ring very true. Although the stated motivations behind the RLUIPA sound positive, at best it was a solution to a problem that didn't exist. At worst, it's just an attempt to get around the Supreme Court's striking down of the RFRA, an earlier attempt to give special rights to religious institutions that secular organizations do not have.
Problems with the RLUIPA
The Religious Land Use and Institutionalized Persons Act (RLUIPA) is a bad law, through-and-through. Preventing government regulation from creating undue burdens on religious exercise is good, but not, a valid purpose for this law. First, there is little evidence that local governments are engaging in any widespread discrimination against or burdening of religion; Second, this is no right which religious organizations deserve more than non-religious organizations.
Outlook for the RLUIPA
The Religious Land Use and Institutionalized Persons Act (RLUIPA) creates major changes in how the rule of law is balanced against religious liberty. Because of the RLUIPA, local governments may be prevented from enforcing local zoning ordinances against religious institutions in the same way as against secular organizations. Understanding what these effects are and why they are a problem are necessary for understanding why the RLUIPA is a bad law.
Signed into law buy President Clinton on Friday, September 22, 2000, the RLUIPA had been passed Congress on July 27, without hearings or debate, only two weeks after it was introduced. The RLUIPA creates a huge loophole which enables any religious institution to challenge and ultimately ignore local land use and zoning regulations. Examples of regulations which would be included here are parking and traffic mitigation requirements, setback and emergency vehicle access requirements, tree ordinances, drainage and flood protection requirements, and even noise limits.
Origins of the RLUIPA
Why was the Religious Land Use and Institutionalized Persons Act (RLUIPA) passed? A number of justifications have been offered, but none of them ring very true. Although the stated motivations behind the RLUIPA sound positive, at best it was a solution to a problem that didn't exist. At worst, it's just an attempt to get around the Supreme Court's striking down of the RFRA, an earlier attempt to give special rights to religious institutions that secular organizations do not have.
Problems with the RLUIPA
The Religious Land Use and Institutionalized Persons Act (RLUIPA) is a bad law, through-and-through. Preventing government regulation from creating undue burdens on religious exercise is good, but not, a valid purpose for this law. First, there is little evidence that local governments are engaging in any widespread discrimination against or burdening of religion; Second, this is no right which religious organizations deserve more than non-religious organizations.
Outlook for the RLUIPA
The Religious Land Use and Institutionalized Persons Act (RLUIPA) creates major changes in how the rule of law is balanced against religious liberty. Because of the RLUIPA, local governments may be prevented from enforcing local zoning ordinances against religious institutions in the same way as against secular organizations. Understanding what these effects are and why they are a problem are necessary for understanding why the RLUIPA is a bad law.
