Many local governments opposed the federal adoption of thee Religious Land Use and Institutionalized Persons Act (“RLUIPA”), which prevent local governments from restricting the construction of churches. The Act was supported by many evangelicals and Republicans. Of course, while Republicans are demanding the halt to the construction of an Islamic center near ground zero, RLUIPA protects such rights. Perhaps President Obama should inquire whether Republicans wish to repeal RLUIPA.
The Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub. L 106-274, 42 U.S.C. § 2000cc-1 et seq. is a United States federal law that (gives) churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use.
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In religious land use disputes, RLUIPA’s general rule is the most commonly cited and challenged section. It provides:
General rule. No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government can demonstrate that imposition of the burden on that person, assembly or institution
is in furtherance of a compelling governmental interest; and
is the least restrictive means of furthering that compelling governmental interest.
Scope of Application. This subsection applies in any case in which--
the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; or
the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or
the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.
42 U.S.C. § 2000cc-5(a).