"The rights of conscience we never submitted, we could not submit.  We are answerable for them to our God. The legitimate powers of government extend to such acts only as [they] are injurious to others. But it does me no injury for my neighbour to say there are twenty gods, or no god."Thomas Jefferson, Notes on the State of Virginia, in Jefferson, Writings, 285-286 (The Library of America, 1984).

Land use, usually a topic eliciting yawns, becomes a gripping topic when it finds itself at the intersection of freedom of speech, smart growth and environmental protection. That happens when the proposed use is religious and opinions have been strong ever since Jefferson.

Pristine landscapes of northern Baltimore County. Challenged by mega-churches? (Photo: Valley Planning Council)

In the US, where religious rights free speech rights and property rights are especially strong, places of worship got an additional layer of protection with what is known as the Religious Land Use and Institutionalized Persons Act or RLUIPA of 2000 which

"protects the ability of religious institutions to freely carry out their missions and allow their members to exercise their religious beliefs through the construction and use of property for religious purposes. Section 2(a) of RLUIPA bars zoning restrictions that impose a "substantial burden" on religious exercise, unless the government can show that it has a "compelling interest" for imposing the restriction and that it is the least restrictive way for the government to further that interest. This provision can apply to individuals holding prayer meetings in their homes, as well as to institutions, such as churches, mosques, synagogues, temples, religious schools, and faith-based charities." (DOJ, 2016 update). 

Willow Creek Church Illinois: A parking lot like a mall

Hate crimes in 2017 illuminate what RLUIPA  had in mind when it was enacted in 2000. The clear purpose was not do give churches a free pass on zoning but to prevent zoning as a tool of discrimination based on religion and belief.

One just has to remember that zoning, invented as a tool of segregation of uses, was early on adapted to include segregation of race, class and religion. While use segregation was originally based on the public interest matters of health, safety and welfare, segregation on a much more nefarious base was initiated in Baltimore early on. The New York Times writing in 2015 about segregated Baltimore laid out what happened:

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Churches Don't Have a Free Pass in Zoning

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Churches Don't Have a Free Pass in Zoning "The rights of conscience we never submitted, we could not submit. We are answerable for them to our God. The legitimate powers of g... View this on Archplanbaltimore >