Home -> Law Blog Directory -> Religion & Law Blogs -> Constitutionally Correct

Religion & Law

: Constitutionally Correct

Assessing RLUIPA?s Application to Building Codes and Aesthetic Land Use Regulation

By Alliance Alert

Albany Government Law Review: "Building codes and, to a lesser degree, aesthetic or historic regulations, may not only be established at the local level, but may also be identified under uniform state and even international laws designed to ensure that buildings are safe, habitable, and appropriate for the community environment. Such laws, while neutral on their face and allegedly enacted for public health, safety, and welfare, should nonetheless be closely scrutinized under constitutional principles or RLUIPA guidelines when they are individually applied to burden the fundamental right of free exercise of religion. Arbitrary or discriminatory decision-making cannot be allowed by hiding behind the facial neutrality of public health, safety, and aesthetic or historic regulation."

Full post as published by Constitutionally Correct on August 05, 2009 (boomark / email).