The Fairfax County Times - Fairfax County, VA Responds to McLean Bible Church Lawsuit

July 26, 2006
By: Stefan Cornibert 

A lawsuit filed earlier this month in federal court contends that Fairfax County zoning authorities are standing in the way of a local church's constitutional right to religious freedom.

Attorneys for the American Center for Law and Justice, a conservative civil rights group, filed the suit on behalf of McLean Bible Church.

The suit states that the county's Board of Zoning Appeals violated the church's civil rights by denying church leaders permission to conduct college-level seminary classes on church property.

Running a college or university, the county has said, requires changes to the zoning rules governing church property.

Yet church attorneys argue the classes are an integral part of the church's mission and are allowed under the current zoning rules.

Fairfax County has yet to file an official response with the court, but county board Chairman Gerry Connolly (D) defended the BZA's decision in an interview with The Times last Friday.

"In this particular case, I think that county staff felt very strongly that running a university was not part of their special permit, and, if they want to do that, they need to come in through the regular process," Connolly said. "However divinely infused the church's vision may be, a building is a building. Its use has impacts on the surrounding community and, within reason, the government has some interest in preserving harmony by regulating such things."

Connolly said the county has supported most of the church's interests until now, adding the county is seeking to balance the church's needs with those of the larger community.

"We want to strike the right balance without interfering with the legitimate exercise of the denomination's mission and purposes," he said. "I think that's what we're trying to achieve. We're just going to have to be sure to strike the right balance."

The classes in question were conducted at the church from 2001 until 2004 in conjunction with Capitol Bible Seminary, according to the lawsuit. Church leaders say about 100 students attended to earn credit toward a theological degree conferred by the seminary.

The lawsuit states that county officials have "in effect, forbidden the McLean Bible Church from expressing its constitutionally and statutorily protected viewpoint through religious education within Fairfax County."

Much of the lawsuit hinges on the Religious Land Use and Institutionalized Persons Act, which is aimed at preventing local governments from using zoning laws to encroach on the constitutional freedoms of religious groups. The suit asks the court for a permanent injunction barring the county from the unconstitutional use of zoning laws in the future and for monetary damages.

A court date has yet to be set for the case.