|
Summarized by Michael Nielsen
Bill Would Help Religious Groups Win Zoning Cases
WASHINGTON, DC -- A bill sponsored by LDS senator Orrin Hatch would
ease local land-use restrictions for religious groups. The bill,
which now awaits approval by President Clinton, would have
significant implications for churches and other religious groups.
The Religious Land Use and Institutionalized Persons Act of 2000
would change current practice in zoning cases. Typically, if a
religious group is denied building approval by a zoning commission,
the group must demonstrate an unconstitutional motivation for the
denial. The new law would place the burden instead on the local
governmental authority, requiring it to establish a compelling
governmental interest for such denials.
The bill has important implications for religion in the country. For
example, Congregation Beth Tikvah, in Columbus Ohio, has been denied
approval by local authorities to expand its congregation. Neighbors
concerned about increased traffic flow urged the denial of the
congregation's request to expand and to operate an early-childhood
program. Under the new law, zoning commissions and county boards
would not be able to deny an expansion project for such reasons.
The measure "requires the government to justify such decisions with a
good reason and that it be the least restrictive possible on the
church's right of religious freedom,'' said Steve Aden, of the
Rutherford Institute, a law firm that specializes in religious-rights
cases.
Readers of Mormon News will recall a similar controversy surrounding
the LDS Church Boston Temple. Residents near the temple building site
protested its construction on several fronts. Lengthy appeals won the
church the right to build the temple, but one appeal has kept the
Church from completing the building's steeple. Church officials have
decided to dedicate the building without the steeple, hoping that
they will eventually win an appeal and add the steeple later. The
Religious Land Use and Institutionalized Persons Act of 2000 would
substantially alter the balance of power in such cases.
Source:
Faith groups back land-use bill
Columbus OH Dispatch 27Aug00 T1
By Robert Albrecht: Dispatch Staff Reporter
|
