Court: |
Federal District Court, CA |
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Facts: |
The church wants to expand its ministry in the downtown area.
A neighbor is willing to sell his land, so it can relocate
and have more parking. The church consented to 26 conditions
on a conditional use permit, but then the city denied it
anyway because the relocation would supplant some businesses
there. |
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Posture: |
Seems like this is the initial suit |
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Issue: |
Does this zoning plan violate RLUIPA? |
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Holding: |
Turns out RLUIPA is unconstitutional. |
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Rule: |
The court has the authority to determine the constitutionality of laws. |
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Reasoning: |
RLUIPA tries to expand 1A protections, which is more than Congress
is allowed to do. It makes any governmental affecting church use of land
subject to strict scrutiny, regardless of whether the action
has anything to do with religious beliefs. |
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Dicta: |
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