Yesterday we filed a federal lawsuit against Fairfax County, Virginia on behalf of the McLean Bible Church a non-denominational church in Fairfax County, Virginia a suburb of Washington, D.C.  The suit challenges the countys determination that Bible study and religious ministry classes at the church were not included as part of the churchs use permit issued in 1999.  The county also concluded that if the church wanted to conduct classes, it had to qualify as a college or university.

Like any other house of worship in the country, an integral part of the churchs ministry is a study of the Bible, and the writings and beliefs sacred to its religion.  When Fairfax County approved the churchs use permit there was no issue that religious education, which had already taken place at the church since the 1980s, was a central aspect of its mission.

The suit filed July 3^rd in federal court in Alexandria, Virginia asserts Fairfax Countys actions violated the churchs constitutional rights to religious free exercise, freedom of speech and association, and equal protection, and its statutory rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA).

In 2001, the church entered into an agreement with Capitol Bible Seminary (CBS) to administer some aspects of its Bible study and religious ministry classes. This involvement has not changed the churchs educational program or purpose. The scope, nature and relative size of the classes have not changed. The church does not issue any academic credit, nor does it attempt to confer any academic degrees. But because CBS may, at its discretion, awarded credit for classes held at the church, permitting such credit to be used towards a Theology Degree conferred by CBS, the county has ruled the church must obtain qualification as a college or university in order for classes to continue. However, we contend that the church is a house of worship and has no desire to be officially recognized as a college or university.

When the government acts to ban religious activity through zoning or land use regulations, the RLUIPA law requires it to show it has a compelling, overriding interest supporting its action. Fairfax County has made no such showing; and its holding that the church must now be qualified as a college or university in order to hold Bible study and seminary level classes, which requires a different use permit, also violates the anti-discrimination portions of the law. Other churches in the county hold the same or similar classes, and commercial businesses have been permitted to conduct degree credit classes without first obtaining a permit as a college or university.