Earlier this month, a federal court in Kentucky temporarily enjoined an order issued by the Mayor of Louisville on the grounds that the order likely violated First Amendment and Kentucky’s Religious Freedom Restoration Act. ...more
A United States District Court for the Middle District of Tennessee recently ruled that Layman Lessons Church and Welcome Baptist Church, Inc. (“Layman Lessons”) can move forward with most, but not all, of its religious...more
4/29/2019
/ Equal Protection ,
First Amendment ,
Free Exercise Clause ,
Homeless Issues ,
Mootness ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
State and Local Government ,
Substantial Burden
The United States Court of Appeals for the Third Circuit has ruled against a Roman Catholic group challenging the use of their land in connection with an interstate natural gas pipeline. The Adorers of the Blood of Christ...more
7/30/2018
/ Certificate of Public Convenience and Necessity ,
Eminent Domain ,
Energy Sector ,
FERC ,
Natural Gas ,
Natural Gas Act ,
Oil & Gas ,
Pipelines ,
Property Owners ,
Regulatory Takings ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Subject Matter Jurisdiction
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
Do 1,400 cattle and 17.4 million gallons of cow waste in open-air lagoons, upwind and a half a mile from a religious youth summer camp, impose a substantial burden? As unpleasant as a concentrated animal feed operation...more
Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more
2/21/2017
/ Appeals ,
Burwell v Hobby Lobby ,
Department of Justice (DOJ) ,
Discrimination ,
Due Process ,
Equal Protection ,
Establishment Clause ,
Executive Orders ,
First Amendment ,
Foreign Nationals ,
Free Exercise Clause ,
Government Investigations ,
Immigrants ,
Immigration Procedures ,
Political Campaigns ,
Refugees ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Restraining Orders ,
RLUIPA ,
Travel Ban ,
Trump Administration
Two Amish men have sued Auburn, Kentucky (population approx. 1,300) in a Kentucky state court over an ordinance requiring that horses wear equine diapers. The ordinance, passed in 2014, is intended to keep town streets clear...more
The Islamic Center of Nashville (ICN) recently filed a federal complaint and request for declaratory judgment against the State of Tennessee, the Metropolitan Trustee of Nashville, and the Tennessee State Board of...more
The U.S. Court of Appeals for the Ninth Circuit recently upheld the convictions of two ministers of the Hawaii Cannabis Ministry who admitted using and distributing large quantities of cannabis in accordance with their...more
6/22/2016
/ Appeals ,
Churches ,
Controlled Substances ,
Controlled Substances Act ,
Criminal Prosecution ,
First Amendment ,
Marijuana ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Young Lawyers
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
The District Court for the Northern District of Illinois has rejected RLUIPA and other claims asserted by a religious group in Affordable Recovery Housing v. City of Blue Island (N.D. Ill. 2016). The case stems from...more
Oklevueha Native American Church (Church) was established in 1997 in Utah by Plaintiff James Mooney and his wife Linda, who are each of Native American decent. According to the complaint in Oklevueha Native American Church...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
10/26/2015
/ American Civil Liberties Union (ACLU) ,
Educational Institutions ,
Freedom From Religion Foundation ,
Freedom of Religion ,
Marijuana ,
Marijuana Cultivation ,
Public Housing ,
Religious Displays ,
Religious Expression ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Zoning Laws
Below are news items from the past week involving local government, religion, and land use that may be of interest to our readers.
- The New York Times reports that the Ten Commandments monument on the Oklahoma Capitol...more
10/12/2015
/ Churches ,
Department of Justice (DOJ) ,
OK Supreme Court ,
Religious Accommodation ,
Religious Displays ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Special Use Permit ,
Zoning Laws
A federal court in Illinois, in Church of Our Lord and Savior, Jesus Christ v. City of Markham, Illinois (N.D. Ill. 2015), dismissed some of the Church’s religious land use claims while allowing others to proceed. The case is...more
8/25/2015
/ Burwell v Hobby Lobby ,
Churches ,
Conditional Use Permit ,
First Amendment ,
Free Exercise Clause ,
Hobby Lobby ,
Open Meetings Act ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
SCOTUS
Two Houston churches are using the Texas Religious Freedom Restoration Act (“TRFRA”) to challenge the Houston Housing Authority’s actions to acquire their properties by eminent domain as part of an urban renewal project. The...more
The City of Dallas, Texas is in a familiar position. It’s being sued for religious discrimination. Last year, the City Council agreed to pay $250,000 to settle a lawsuit brought by two churches ministering to the homeless...more
In Holy Ghost Revival Ministries v. City of Marysville (W.D. Washington), the U.S. District Court for the Western District of Washington considered claims of religious discrimination brought by Holy Ghost Revival Ministries...more
Plaintiff, New Life Evangelistic Center, Inc., (“New Life”), an interdenominational Christian Church formed in 1972 by Reverend Larry Rice, recently sued the City of St. Louis, Missouri (the “City”) in the Eastern District of...more
We previously reported on the case Cornerstone Church by the Bay v. Town of Bayview, Texas, in which the Church and the Laguna Madre Christian Academy are suing the Town (population approx. 400) under the Religious Land Use &...more
In MAUM Meditation House of Truth v. Lake County, Illinois, No. 13-cv-3794 (N.D. Ill. 2014), the United States District Court for the Northern District of Illinois ruled that Lake County, Illinois did not violate MAUM...more
7/23/2014
/ Administrative Remedies ,
Building Codes ,
Due Process ,
Equal Protection ,
Free Exercise Clause ,
Freedom of Religion ,
Mixed-Use Zoning ,
Preliminary Injunctions ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Strict Scrutiny Standard