House of Worship Protections under the Religious
Land Use & Institutionalized Persons Act (RLUIPA)
A house of worship may have enhanced rights that exceed the normal protections afforded a nonprofit. Among the most important are those under the RLUIPA.
Introduction
The Religious Land Use & Institutionalized Persons Act (RLUIPA) 42 U.S.C. §§ 2000cc, et seq is a federal law that was passed a number of years ago, which has gained tremendous strength over the years as a way of protecting houses of worship in a way that normal nonprofits might not enjoy.
What is the RLUIPA?
The RLUIPA is a law that recognizes the enhanced protections afforded houses of worship. While a standard nonprofit will have protections under the First Amendment, the RLUIPA exceeds those protections and gives the houses of worship special rights. As stated by the Supreme Court in the 2022 case of Ramirez v. Collier, the statute “aim[s] to ensure ‘greater protection for religious exercise than is available under the First Amendment.’” Id. at 1277.
What is Protected under the RLUIPA?
The RLUIPA allows a person to assert that their religious liberty has been violated through a government regulation that “imposes a substantial burden on a specific religious exercise.” Once that assertion is made in court, the burden shifts to the government to prove that the burden is justified. Importantly, the government cannot rely on “broadly formulated interests.” Id. at 1278.
Protections for Houses of Worship in the Area of Land Use and Zoning
One of the more controversial aspects of this law is its application to zoning and land use. In a typical case, a house of worship may apply to the local zoning board for approval of an extension of the latter’s facility. This usually involves additional parking in what may be a residential zone. Under those circumstances, if the zoning board disapproves of the application because of the intensity of the use, the house of worship may potentially bring suit under the RLUIPA if it can prove that this is a violation of the statutory language that states “[n]o government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms than a non-religious assembly or institution.” RLUIPA at 42 USC Section 2000cc(b)(1). It should be noted that there is a split among the various federal Circuit Courts as to whether this language should be implemented in a more or less restrictive manner; in other words, the rights that a house of worship may assert will depend upon the part of the United States in which it is situated.
Conclusion
While the RLUIPA is not a panacea, by which a house of worship can do anything it pleases regardless of the law, it is a very important tool that should be utilized in appropriate cases. The Nissenbaum Law Group welcomes inquiries by houses of worship as to whether and to what extent that law applies to them.
Publications & Presentations
- Presented Seminar, The New First Amendment Challenges Confronting America in 2017, American Civil Liberties Union of New Jersey, May 2017
- Presented Seminar, Top 10 Legal Issues Confronting Nonprofits, State Council of New Jersey Junior League’s Get On Board Conference, April 2017
- Receiving Classified Information: Government Secrecy and the Litigation Process (Co-author), NJ Lawyer Magazine, October 2009
- In the Arena: Litigating for the American Civil Liberties Union-NJ, NJ Lawyer, December, 2007
- Presented Seminar, Nonprofit Board Role & Responsibilities, State Council of New Jersey Junior Leagues Get On Board Conference, Morristown, NJ, April 2018
- Presented Seminar, GOB Matching: Next Steps to Board Involvement, State Council of New Jersey Junior Leagues Get On Board Conference, Morristown, NJ, April 2017
- Presented Seminar, Nonprofit Board Role & Responsibilities, State Council of New Jersey Junior Leagues Get On Board Conference, Morristown, NJ, April 2017
AWARDS & RECOGNITION
- Awarded (Nissenbaum Law Group, LLC), Law Firm/Corporate Legal Department Pro Bono Award for Small Law Firms, New Jersey State Bar Association, 2019
- Awarded, 2012 Winifred Latimer Norman Award by the Unitarian Universalist District of Metropolitan New York, For Extraordinary Commitment and Service in the Area of Social and Racial Justice, 2012
- Appointed, Vice-Chair and Training Chair, State Council of the New Jersey Junior Leagues, 2017- Present
- Appointed, Housing Resource Specialist, National Leadership Team, Kappa Delta Sorority, Inc., 2016-Present
- Appointed, Board Member, Junior League of Summit, Inc., 2013-2016 (Various Positions)
PODCASTS
- 6/24/19 Laying Down the Nissen-law, “Legal Aspects of Implementing Vertical Farming Solutions”
- 6/24/19 Laying Down the Nissen-law, “Legal Challenges of Carbon Capture Technology”
- 6/24/19 Laying Down the Nissen-law, “Legal Challenges for Emerging Green Technology”
- 6/24/19 Laying Down the Nissen-law, “Legal Challenges for Solar Energy Technology”
Looking for advice?
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Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.
Looking for advice?
We're here to help.
Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.
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