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The Right To Enforce: Why Rluipa's Land Use Provision Is A Constitutional Federal Enforcement Power, Qasim Rashid
The Right To Enforce: Why Rluipa's Land Use Provision Is A Constitutional Federal Enforcement Power, Qasim Rashid
Richmond Public Interest Law Review
The Religious Land Use and Institutionalized Persons Act ("RLUIPA') superseded the Religious Freedom Restoration Act ("RFRA'), which the Supreme Court held unconstitutional in its application to states in 1997. A two-pronged law, RLUIPA protects prisoners from unjust impositions to their freedom of worship and also ensures religious institutions may use their property for legitimate worship purposes without burdensome zoning law restrictions. This paper focuses specifically on the latter prong and analyzes RLUIPA in light of the growing Islamophobia in America during the previous twenty-four months. For example, the United States Department of Justice reports "of the eighteen RLUIPA matters involving …
Christian Parking, Hindu Parking: Applying Established Civil Rights Principles To Rluipa's Nondiscrimination Provision, Roman P. Storzer, Blair Lazarus Storzer
Christian Parking, Hindu Parking: Applying Established Civil Rights Principles To Rluipa's Nondiscrimination Provision, Roman P. Storzer, Blair Lazarus Storzer
Richmond Public Interest Law Review
This article is divided into three parts. First, it explores certain issues inherent in a Nondiscrimination claim, including how the Nondiscrimination provision has been mistakenly conflated with other RLUIPA land use provisions, whether a showing of direct hostility toward a particular faith by governmental actors is required, and what might qualify as adequate comparators in a case where a claimant asserts that it was treated differently and worse than similarly situated applicants. Second, the article proposes application of the reasoning in McDonnell Douglas Corp. v. Green to some Nondiscrimination claims. This would be achieved by burden shifting; after the plaintiff …