Leadership Journal

Pastor Jim could hardly believe his ears. Faith Community Church hoped to start a congregation in the neighboring suburb of Williamstown, but the city's planning committee was stunningly candid during a courtesy review of the church's proposal.

The aldermen, in a public meeting, unambiguously said, "Our long-term development plans for the proposed site do not include a church. We want this prime piece of real estate to be developed commercially to generate tax revenue." The city was not going to let a church jeopardize that goal.

Williamstown's aldermen (names of the pastor, church, and city have been changed) had the local law on their side. The property Faith sought had been zoned for nonreligious assembly only—a theater or union hall could occupy the site, according to local ordinance, but a church could not build on the site without a special-use permit by the city—something the aldermen said they had no intention of granting.

So Faith Community Church took Williamstown at its word, and before the city could prevent the church from developing the property, the church filed suit in federal court accusing the city of violating the Religious Land Use and Institutionalized Persons Act (RLUIPA).

The preemptive legal action was the advice of John Mauck, an attorney who helped craft RLUIPA, the law signed by President Bill Clinton in 2000, ensuring cities could not use zoning codes to discriminate against religious institutions. Mauck believed the law clearly applied to Williamstown, but if Faith Community didn't act quickly, the city could change the zoning to deny both religious and nonreligious assembly on the property. Then the church would have no basis for appeal to RLUIPA.

Faith Community's decision to file the suit was not easy. Few churches plan on legal action as anything but a last resort. But with more churches clashing with city governments over building projects, lawsuits have become more common and, some would argue, more necessary.

Still, the decision is fraught with political and theological complexity. It doesn't guarantee success, even when the law seems to be on the side of churches. And what does a suit do to the relationship between the church and the new neighbors it's called to love?

The case of Faith Community Church illustrates the risk and reward when church challenges state.

While contemplating the lawsuit, leaders at Faith Community sought guidance from the Bible. They wanted to know, is a lawsuit unbiblical?

They considered the apostle Paul's use of Roman law in the book of Acts. When an earthquake freed Paul from prison in Philippi, he refused to leave in peace. "[The magistrates] beat us publicly, without a trial, even though we are Roman citizens, and threw us into prison. And now they want to get rid of us quietly? No! Let them come themselves and escort us out" (Acts 16:37). The magistrates, who had broken Roman law, came and apologized to Paul.

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