quasi in rem

Monday, March 29, 2004

RLUIPA NEWS!!: "U.S. District Judge Royal Ferguson has upheld RLUIPA's constitutionality in Castle Hills First Baptist Church v. City of Castle Hills. "

This is good news for Rluipa. Although not necessarily for the church.

Federal judge grants partial victory to Texas church - (BP):Ferguson, however, denied the church’s request for judgment against the city for its refusal to grant a permit for a parking lot. The city’s denial of the permit for additional parking did not substantially burden the church’s religious rights, he said.

"The court plainly split the baby, and were still deciding what were going to do about that, said Anthony Picarello, general counsel for the Washington-based Becket Fund for Religious Liberty, which presented arguments on the churchs side in the case.

In a victory for attempts to protect religious liberty nationwide, Ferguson upheld the constitutionality of a federal law to protect religious freedom in zoning and prison cases. The city of Castle Hills had argued the Religious Land Use and Institutionalized Persons Act violated the First Amendment prohibition on government establishment of religion."

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