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Southern District Upholds Constitutionality of RLUIPA

By Marci A. Hamilton

In one of the earliest decisions addressing the constitutionality of the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Southern District of New York upheld the law. Westchester Day School v. Village of Mamaroneck, 2003 WL 22110445 (S.D.N.Y. Sept. 5, 2003). Only three other courts to date have addressed the issue, including Elsinore Christian Center v. City of Lake Elsinore, No. 01-04842, 2003 U.S. Dist. LEXIS 11301 (C.D. Cal. 2003) (holding RLUIPA unconstitutional and beyond Congress's power), affirmed on reconsideration, No. 01-04842 (C.D. Cal. Filed Aug. 21, 2003); Teen Life Christian Center, U.S. District Court for the District of Arizona, Case No. CIV 01-1490 (2003) (upholding RLUIPA); Freedom Baptist Church of Delaware County v. Township of Middletown, 204 F. Supp.2d 857 (E.D. Pa. 2002) (upholding RLUIPA). Challenges are pending in Connecticut, Hawaii, Pennsylvania, Texas, and Wisconsin.

RLUIPA places the burden on plaintiff religious landowners to prove that there is a substantial burden on their religious exercise and then shifts the burden to the government to prove that its land use law applied to the religious landowner was passed to serve a “compelling interest” and that it is the “least restrictive means” necessary to serve that interest.

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