RLUIPA, was RE: Potentially Important California State Case

[Steven Jamar]

Religion is a special category.  It is treated specially in the 
Constitution and in  IHR instruments and in constitutions worldwide.

NIMBY ought not be allowed to reign for siting religious structures.  
There ought to be good space zoned for religious groups to meet.  And 
for certain size groups, homes should be ok too.

We ought to encourage beneficent organizations.  We need not make every 
parcel into a tax-free church.  But I know of no community where that 
has in fact occurred.  What I see far more often is states and 
communities competing to give tax free land and other advantages to 
employers to locate in their communities.  I don't see that changing.

In short, I think Marci's concern with respect to tax base is misplaced 
and has next to nothing to do with constitutional issues.  And I don't 
think religious anything can be left to pure majoritarianism.

And finally, in my experience, many zoning boards and land (ab)use 
committees are either beholding to the monied interests or engage in 
petty actions just because they can - especially when it affects less 
popular things like religious buildings of certain types and sizes.

Last time I looked as zoning schemes, they were impenetrable, detailed, 
and riddled with nonsense with multiple layers of commercial, 
industrial, residential, and on and on.  And they ALWAYS give way when 
the big guys move in and want a change.  Always.

No, some constitutional restraint on our lesser angels is necessary or 
not only would there be no place at the inn, there would be no 
(religious) inn.

The reader's particular community excepted, of course.

Steve
-- 
Prof. Steven D. Jamar                                     vox:  
202-806-8017
Howard University School of Law                           fax:  
202-806-8428
2900 Van Ness Street NW	                        
mailto:sjamar at law.howard.edu
Washington, DC  20008           
http://www.law.howard.edu/faculty/pages/jamar

"Our scientific power has outrun our spiritual power. We have guided 
missiles and misguided man."

- Martin Luther King Jr., "Strength to Love", 1963    


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