God Save America

A press release by The Becket Fund which makes its case for religious freedom in the court of public opinion, as well as the courts of law.

---

An Orthodox Jewish school won a decisive victory under RLUIPA’s (Religious Land Use and Institutionalized Persons Act of 2000) land use provisions. Westchester Day School, which has been the subject of protracted litigation, recently won at trial against the Village of Mamaroneck. The school has been fighting for several years to renovate its facilities, some of which are more than a century old. After a 7-day trial, the court issued a detailed opinion.

In the opinion, the court found that RLUIPA applied to WDS’ case under both its interstate commerce (due to construction activities and out-of-state students) and individualized assessments (due to land use permitting procedures) prongs. The court found that the village placed a substantial burden on WDS’ religious exercise by seriously impeding that exercise and having a “chilling effect” upon it. In the words of the court:

By precluding the construction of much needed facilities, defendants significantly interfered with WDS’ ability to provide an adequate and effective dual curriculum of Judaic and general studies education, and so limited its ability to retain and attract students and faculty as to imperil its continued existence.

The village also failed the strict scrutiny test mandated by RLUIPA. It failed to demonstrate that its traffic interests were compelling, and that no other means, such as re-timing lights, widening roads, or adding turn lanes, would adequately address the problem. It also failed to demonstrate that decreased property values, parking concerns, and the aesthetic impact of the construction were a compelling interests and that could not be mitigated.

Lastly, the court also rejected an Establishment Clause challenge to RLUIPA, relying in part upon the Supreme Court’s decision in Cutter v. Wilkinson upholding RLUIPA’s prisoner provisions against an Establishment Clause challenge.

(Note: Comments on articles are unmoderated, and do not necessarily reflect the views of GodSaveAmerica.org. Comments that are off-topic, offensive, slanderous, or otherwise annoying may be summarily deleted. However, the fact that particular comments remain on the site IN NO WAY constitutes an endorsement by GodSaveAmerica.org or the views expressed therein.)

Comment on this post below

You must be logged in to post a comment.

You can leave a response, or trackback from your own site.