RLUIPA.org
Becket Fund joins Elsinore Christian Center case in California
Federal Judge Stephen Wilson has been asked to "reconsider and vacate" his recent unprecedented ruling regarding the constitutionality of the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court was also informed that The Becket Fund for Religious Liberty is joining Alliance Defense Fund attorney Robert Tyler, who has represented Elsinore Christian Center in its lawsuit against Lake Elsinore since it was filed two years ago, as co-counsel in the case.
On June 23, 2003, Judge Wilson became the first judge anywhere in the United States to find that any land use provision of RLUIPA violates the Constitution. His holding, that one of the land use provisions of the act "exceeds Congress' power under Section 5 of the Fourteenth Amendment," has been rejected by every other court to consider the issue. Many other federal courts have upheld RLUIPA's prisoner provisions, including the Ninth U.S. Circuit Court of Appeals.
The motion for reconsideration argues that the judge mistakenly concluded that the church had not invoked a second constitutional basis for RLUIPA, Congress' Commerce Clause authority. The first of two motions (PDF format, 38K) filed yesterday asks that the court "reconsider and vacate" its June 23 order and "allow further briefing on whether [RLUIPA] can be sustained in this case as a valid exercise of Congress' Commerce Clause authority." The second motion (PDF format, 18K) seeks an extension of time to file supplemental briefs requested by the court, so that Becket Fund attorneys can "become properly acquainted with the facts and issues" of the case.
Judge Wilson is also presiding over Missionaries of Charity, Brothers v. City of Los Angeles , one of many Becket Fund cases brought under RLUIPA.
Elsinore Christian Center sued the city in May 2001 when it refused to grant the church a conditional use permit so that it could purchase a building presently used as a grocery store. Judge Wilson found that the city's denial of the CUP "fails the strict scrutiny analysis required by RLUIPA," but went on to conclude that Congress didn't have the power to impose the strict standard under the Fourteenth Amendment. Considerable additional information regarding the case, including court documents, can be found at www.becketfund.org and www.rluipa.com .