Religious Use Law in South Florida
The Court issued opinions in two cases today, both interesting in their particular factual circumstances, but neither controversial, with one unanimously decided and the other with a lone dissent....more
On March 24, 2022, the U.S. Supreme Court decided Ramirez v. Collier, No. 21-5592, reversing the Fifth Circuit, and holding that because Texas’ restrictions on religious touch and audible prayer in the execution chamber...more
The holidays are upon us. That means spending time with loved ones, good food, presents, and, of course, controversial holiday displays. ...more
Earlier this week, the Department of Justice announced its “Place to Worship Initiative” to help protect houses of worship and religious institutions against discrimination in the local land use process. Attorney General...more
In United States of America v. Cruz (F.D.N.Y. 2018), Hector Cruz pled guilty to the charge of knowingly attending a cockfighting event (a fight between two roosters) for sport and entertainment in the Bronx, New York, in...more
Timely Topics - A draft executive order of President Donald Trump relating to religious freedom proposes several material changes to federal law. First, it would require the executive branches to recognize a broad scope...more
Recently, the Third Circuit Court of Appeals entered an order upholding the district court’s decision in the case of Tearpock-Martini v. Shickshinny Borough, which we reported on last summer. The case involved an...more
The Missouri Court of Appeals has ruled that the Kansas City, Missouri, Board of Adjustment abused its discretion in failing to grant a variance to Antioch Community Church (Church) to install digital components into its...more
Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more
In the RLUIPA Round-Up post, we noted that the City of Sterling Heights, Michigan, is facing a federal lawsuit following its denial of the American Islamic Community Center’s (Center) zoning application to build a 20,500...more
On July 21, the United States Department of Justice sued Bensalem Township, Pennsylvania, in federal court alleging violations of each of RLUIPA’s provisions following the Township’s 2014 denial of a variance application...more
Founder and president of Oklevueha Native American Church of Hawaii, Inc. (“Oklevueha”), Michael Rex “Raging Bear” Mooney, filed suit in 2009 against various federal officials in the Federal District Court of Hawaii. Mooney...more
Plaintiff Michael Salman wanted to hold Bible studies in his home and nothing, not even the prospects of a Phoenix municipal enforcement action, 60 days in jail, and $12,000 in fines would stop him. In 2007, Salman’s...more
The U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of a church’s claim that denial of a setback variance substantially burdened its religious exercise under the Religious Land Use & Institutionalized...more
What is Religious Exercise? remains a prevalent question in religious land use news this week. Below, find our semi-regular summary of news items involving local government, religion, and land use....more
In last week’s, RLUIPA Round-Up we reported about the case Hale v. Federal Bureau of Prisons (D. CO 2015) in which the court found that the Church of the Creator – a white supremacist movement that advocates “total racial...more
On October 5, 2015, the Supreme Judicial Court of Massachusetts heard argument in Trapp v. Commissioner of the Department of Corrections, SJC-11863. At issue is whether RLUIPA (and the Massachusetts Constitution) recognize...more