Court of Appeal Rejects Bid to Reopen Scottish Rite Cathedral, Friday, October 19, 2007
Panel Says Revocation of Occupancy Permit Did Not Violate Masons' Religious Freedom Zoning restrictions on the facility's use are not subject to heightened scrutiny under federal law, the Court of Appeal has ruled. The opinion by Presiding Justice Dennis Perluss was filed Oct. 3 and certified for publication Wednesday, Oct. 17. The cathedral association argued that the city was violating their rights under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Judge Perluss: RLUIPA does not protect non-religious uses of facilities owned by religious institutions, he said. "Specifically, a burden on a commercial enterprise used to fund a religious organization does not constitute a substantial burden on `religious exercise' within the meaning of RLUIPA," the jurist wrote. The legislative history and case law in other states, Perluss wrote, make clear that RLUIPA does not require strict scrutiny of a restriction on the secular uses of religious organizations' facilities. He cited a Pennsylvania case in which the state's intermediate appeals court held that RLUIPA did not protect a church's right to operate a day care facility because "lack of a daycare only had a de minimis impact on the Church's opportunity to engage in fundamental religious activities." Adapted excerpts from: Click here: EKBTV: Court of Appeal Rejects Bid to Reopen Scottish Rite Cathedral <http://ekbtv.blogspot.com/2007/10/court-of-appeal-rejects-bid-to-reopen\ .html> http://www.metnews.com/articles/2007/scot101907.htm <http://www.metnews.com/articles/2007/scot101907.htm>
