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Religion & Law

: Religion Clause

4th Circuit Upholds Church's Discrimination and RLUIPA Claims

By Howard M. Friedman

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In Reaching Hearts International, Inc. v. Prince George's County, (4th Cir., March 3, 2010), the 4th Circuit Court of Appeals agreed with a Maryland federal district court that a Seventh Day Adventist Congregation's rights under the Equal Protection Clause and RLUIPA were infringed when the county refused to grant a change in sewer and water classifications for a portion of property on which it planned to build a church. The court concluded:
the evidence presented at trial of the County's anti-church animus was very strong. The evidence thus supports the jury?s conclusion that (1) the County intentionally discriminated against Reaching Hearts on a prohibited ground, and (2) the County imposed or implemented a land use regulation in a manner that imposed a substantial burden on Reaching Heart?s religious exercise, without satisfying the standard of strict scrutiny.
Yesterday's Washington Post reports on the decision.

Full post as published by Religion Clause on March 05, 2010 (boomark / email).

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