Judge Will Reconsider Decision on Church Land Use

“Anti-Defamation League sees The Passion and still doesn’t like it, and other stories from online sources around the world”

Christianity Today August 1, 2003

Federal judge puts decision against religious land use act on holdTwo months after U.S. District Judge Stephen V. Wilson ruled the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000 an unconstitutional “blunderbuss of a remedy,” he agreed to reconsider his decision, the Los Angeles Times reports today.

Two years ago Elsinore Christian Center, working with the Becket Fund for Religious Liberty and Alliance Defense Fund, sued the city of Lake Elsinore, California, after it was denied a conditional-use permit to move into a former grocery store.

Yesterday, Wilson said the church could pursue its lawsuit under the Commerce Clause of the U.S. Constitution, avoiding questions of whether RLUIPA is constitutional.

Alliance Defense Fund counsel Robert H. Tyler told the Times that yesterday’s decision “represents a major victory at this stage of the litigation.”

It may be a victory for Elsinore Christian Center, but what does it mean for RLUIPA? Dozens of RLUIPA cases are working their way through the courts right now. The constitutionality question is going to have to be answered sooner or later—and probably will end up at the Supreme Court. Earlier, supporters of the church said they would appeal the case to the 9th U.S. Circuit Court of Appeals.

Expect more coverage later at the websites of the Becket Fund and Alliance Defense Fund, as well as at the North County Times.

More articles

Let’s take a brief respite from the Episcopal Church USA’s implosion, shall we? For those of you desperate for more news on homosexuality and the church, Weblog will tomorrow be back to being the Bizzarro World version of The Advocate. (Sigh.)

The Passion:

More film:

TV:

ELCA convention:

Missions and ministry:

Other religions:

Copyright © 2003 Christianity Today. Click for reprint information.

Related Elsewhere:

Suggest links and stories by sending e-mail to weblog@christianitytoday.com

What is Weblog?

Check out Books & Culture‘s weblog, Content & Context.

See our past Weblog updates:

August 11

August 8 | 7b | 7a | 6 | 5 | 4

July 30 | 29 | 28

July 25 | 24 | 23 | 22 | 21

July 18 | 17 | 16 | 15 | 14

July 11 | 10 | 9 | 8 | 7

July 3 | 2 | 1 | June 30

and more, back to November 1999

Our Latest

Considering Both Sides of Church Divisions

CT hosted debates about the charismatic movement and women’s ordination.

Review

The Forgotten Founding Father

Thomas S. Kidd

Three history books to read this month.

The Bulletin

Birthright Citizenship, War’s Moral Hazards, and Can Literature Save Men?

Mike Cosper, Clarissa Moll, and Russell Moore

Supreme Court considers citizenship at birth, war in Iran compels us to number our days, and the importance of reading.

The Russell Moore Show

Jennie Allen on ‘The Lie You Don’t Know You Believe’

A bonus episode with bestselling author and friend, Jennie Allen.

The Math Behind Christ’s Care for Our Flourishing

Bruce Wydick

I was curious about how Jesus allotted his time on earth—and what Christians could learn from it.

Communion, Sex, and God’s Created Order

Kyle Wells

Our bundled partisanship misses Scripture’s focus on the body.

The Just Life with Benjamin Watson

Dr. Eric Mason: Why Biblical Justice is Spiritual Maturity

How knowing our history aids in achieving true restoration.

Analysis

Q&A: Some Israelis See Esther’s Story in the Attacks on Iran

The Bulletin with Yossi Klein Halevi

Journalist Yossi Klein Halevi speaks to CT about Jewish reflections on the US and Israel-led war.

Apple PodcastsDown ArrowDown ArrowDown Arrowarrow_left_altLeft ArrowLeft ArrowRight ArrowRight ArrowRight Arrowarrow_up_altUp ArrowUp ArrowAvailable at Amazoncaret-downCloseCloseEmailEmailExpandExpandExternalExternalFacebookfacebook-squareGiftGiftGooglegoogleGoogle KeephamburgerInstagraminstagram-squareLinkLinklinkedin-squareListenListenListenChristianity TodayCT Creative Studio Logologo_orgMegaphoneMenuMenupausePinterestPlayPlayPocketPodcastprintRSSRSSSaveSaveSaveSearchSearchsearchSpotifyStitcherTelegramTable of ContentsTable of Contentstwitter-squareWhatsAppXYouTubeYouTube