Victory: ACLJ Defeats Religious Discrimination as Local Government Tries to Block Montana Church from Opening

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ACLJ.org

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August 24, 2018

3 min read

Religious Liberty

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Religious liberty is still under attack here in America.

Last week, the ACLJ stepped in to ensure that a church in Montana would be able to open its doors and worship at its new location.

The church contacted the ACLJ earlier this month after it was informed by the city zoning department that it would never be able to occupy the building provided to the church by a donor.

The church was already in the process of moving from its old location when they were notified and had nowhere to go. According to zoning officials, the property is located in a zoning district which did not allow for the operation of a church.

The church immediately contacted the ACLJ to see if there was anything that could be done.

A quick review of the zoning ordinance revealed that several similarly situated non-religious uses are permitted in that same zoning district including museums, community buildings, private schools, libraries and charitable institutions. ACLJ immediately contacted the city to request that our client be permitted to operate a church.

In our communication to the city, the ACLJ explained that the Fourteenth Amendment to the United States Constitution and the Religious Land Use and Institutionalized Persons Act (RLUIPA) prohibits the unequal treatment of religious and nonreligious assemblies or institutions in the zoning context.

The Equal Protection Clause dictates that religious land uses may not be placed at a disadvantage vis-à-vis similar non-religious uses absent a compelling interest. Similarly, RLUIPA forbids disparate treatment of religious organizations, and requires that a “religious assembly or institution” be treated on “equal terms with a nonreligious assembly or institution.” 42 U.S.C. § 2000cc(b)(1).

This means that if assemblies of persons are allowed in a particular zone, and a church or other religious assembly is excluded, that would not constitute “equal terms”, and the regulation probably violates RLUIPA.

The city quickly agreed and reversed course, unanimously voting to allow the church to begin worshipping at its new location.

A spokesperson for the church expressed their appreciation, saying: “Thank you so much for all that you did for us! Keep up the good work for religious liberties. You are a great blessing to the Body of Christ!”

From publicly sharing the Gospel to school and legislative prayer, the ACLJ continues to combat attacks on religious freedoms right here in America. We recently told you how we’re even fighting to protect war memorials with religious symbols from being removed.

Faith is part of our American heritage, and the right to assemble and worship is protected by our Constitution. The ACLJ will continue to work tirelessly to defend religious freedom in this great nation.