In a recent legal development, the U.S. Department of Justice has voiced its support for a church that is challenging zoning laws in the Borough of Clarion, Pennsylvania.
The case, Hope Rising Community Church v. Borough of Clarion, focuses on allegations that the town’s zoning code violates a federal law known as the Religious Land Use and Institutionalized Persons Act (RLUIPA).
The church is arguing that the zoning rules are unfairly restrictive, making it harder for religious institutions to find suitable places to gather.
According to the lawsuit, Clarion’s zoning code treats religious uses differently from other types of gatherings, which could put the church at a serious disadvantage.
Church Seeking New Space, Faces Resistance
Hope Rising Community Church claims it has outgrown its current location and found what it believes is the perfect property in the Borough’s C-2 Commercial District.
However, while this district allows non-religious gatherings—such as theaters and civic buildings—it does not permit houses of worship.
When the church approached the local authorities to ask for approval to use the property, they were reportedly told that no new churches were needed and that approval would not be granted.
The church argues that this kind of discrimination is in direct violation of RLUIPA, which is designed to protect religious institutions from unfair land use restrictions.
Justice Department Speaks Out
In response to the case, the Justice Department filed a statement of interest in support of the church’s position.
Deputy Assistant Attorney General Mac Warner emphasized that zoning laws should treat religious assemblies the same as secular ones.
“Zoning codes that prohibit religious uses while permitting comparable secular uses violate RLUIPA,” Warner stated.
He stressed that the Justice Department’s mission is to fight religious discrimination and ensure that all Americans can freely practice their faith.
The Legal Back-and-Forth
In an attempt to have the case dismissed, the Borough of Clarion argued that the church didn’t adequately demonstrate a violation of its rights under RLUIPA.
They also contended that the church hadn’t shown enough harm to justify the lawsuit.
However, the Justice Department’s statement directly addresses these points, affirming that the church has a valid claim and has experienced real harm by being unable to develop its new place of worship.
Understanding RLUIPA and Religious Freedom
For context, RLUIPA is a federal law aimed at preventing religious institutions from facing discriminatory zoning laws.
It ensures that people and organizations cannot be unfairly restricted from practicing their faith due to overly burdensome land use regulations.
If you or anyone else believes they’ve been the victim of discrimination regarding land use or zoning issues, the Justice Department encourages people to reach out to the Civil Rights Division’s Housing and Civil Enforcement Section for assistance.