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"Zoning" Matters: Rluipa And The New Normal Of Religious Discrimination, Michael Allan Wolf
"Zoning" Matters: Rluipa And The New Normal Of Religious Discrimination, Michael Allan Wolf
UF Law Faculty Publications
The protection of religious freedom under federal law waxes and wanes, depending on two unpredictable factors: judicial activism and congressional action. A review of dozens of cases involving alleged violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA), including two recent cases heard by the Supreme Court and the Fourth Circuit, reveals for the first time that many litigants and judges have ignored the congressional injunction to limit the reach of RLUIPA to two (and only two) forms of land-use regulation: zoning and landmarking. Plaintiffs have instead used RLUIPA to challenge water and sewer, septic, fire prevention, building, …
Paliotta V. State Dep’T Of Corrections, 133 Nev. Adv. Op. 58 (Sept. 14, 2017), Anna Sichting
Paliotta V. State Dep’T Of Corrections, 133 Nev. Adv. Op. 58 (Sept. 14, 2017), Anna Sichting
Nevada Supreme Court Summaries
The Court determined it must consider the sincere religious beliefs of the individual when evaluating claims under the Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act (RLUIPA). It is improper to evaluate those claims under the centrality test, which attempts to determine if the individual’s beliefs are central to a tenant of the religion in question. Once the sincere belief is shown, the courts must then fully examine the remaining considerations under the Free Exercise Clause and the RLUIPA.
Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr.
Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr.
Law Faculty Publications
If courts are willing to expand religious liberty so that people may be allowed to choose-on the basis of their own religious beliefs-whether certain laws will apply to non-religious entities they create, those courts should take that step very carefully. This Paper explores the issue and pro- ceeds as follows. Part I discusses three recent Supreme Court cases that il- luminate the telescoping and the collectivization of free exercise rights. Part II considers problems that accompany telescoping and collectivizing free exercise rights. Part III suggests how courts should critically evaluate the telescoping and collectivizing of free exercise rights. This Paper …