UnGodly Zoning: A Non-weird Hypo

[Sanford Levinson]

I see no difference between Rick's hypothetical below and a slightly
different hypothetical in which he establishes a Christian Bookstore in his
living room and argues, against zoning authorities who raise objections,
that he is religiously obligated to sell the books.  (For what it is worth,
I note the decision last week by a Philadelphia court that the Barnes
Foundation was illegitimately operating as a museum in a district that had
not been zoned for museums.  The neighbors were complaining about the influx
of visitors since the Foundation started opening its facilities to anyone
who wanted to see them rather than, as before, on a highly restricted basis.
Would anyone on the list argue that a Carnes Foundation of Christian Art,
devoted to the display of religiously-inspirational paintings as part of its
evangelizing mission, should be treated differently from the Barnes
Foundation, even given RFRA?)

Sandy Levinson


The Sunset Meadows Christian Home School is located at 17705 S. 82 St.
>in Hickman, Nebraska (which, not coincidently, is my little house on
>the prairie). (OK it's not so little, but it is our family home and
>the locus in quo of our home school). Suppose the local zoning
>authorities inform me that my land is not zoned for "school use." Is
>enforcement of the zoning laws against my home school a "substantial
>burden" on my family's free exercise of religion in that it prevent us
>from providing a Christ-centered home education for our children? Does
>it matter that I could sell our house on the prairie and move to a
>neighborhood a few miles away with more permissive zoning rules? I
>like pretending to be Michael Landon, so this really matters to me!
>
>Regards, Pa
>--
>                   ----------
>             Rick Duncan (rduncan at unlinfo.unl.edu)
>
>

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Sanford Levinson
B.U. Law School
EMail: levinson at bu.edu
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