Becket to Supreme Court: Religious freedom shouldn’t get stuck in bureaucratic purgatory
WASHINGTON – Becket filed a friend-of-the-court brief yesterday urging the Supreme Court to ensure Americans can go to court when government interferes with their religious freedom, without first having to jump through a series of bureaucratic hoops. In Grand v. City of University Heights, city officials told Daniel Grand, an Orthodox Jew, that he needed a special permit to host a small prayer gathering in his own home. Grand sued, but two lower courts ruled that he had to keep working through the city’s zoning process before they would hear his religious-freedom claims.
Becket’s brief argues that under the Religious Land Use and Institutionalized Persons Act (RLUIPA), religious believers like Grand do not have to wait to finish lengthy bureaucratic proceedings before defending their rights in court.
“Religious Americans shouldn’t have to be put through the bureaucratic wringer before courts can protect their rights,” said Joseph Davis, senior counsel at Becket. “Our Constitution demands more. The courthouse doors must be open the moment government tramples on your rights, not only after city hall finishes underlining that its answer is no.”
Daniel Grand is an Orthodox Jew whose beliefs require him to pray three times a day in a minyan, a quorum of 10 Jewish men. Because of his city’s strict zoning laws, it’s difficult for Grand to travel to synagogue for a minyan, especially on Sabbath. Grand therefore opted for an unremarkable alternative: he invited a group of friends over to his house to pray. But almost immediately, the city sent him a cease-and-desist letter demanding that he first obtain a special permit.
Grand sought to comply by applying for a permit, but was quickly met with a deluge of procedural obstacles and community backlash. At a three-hour hearing, residents derided Grand’s plan for the minyan and made comments about Jews disrupting the “fabric of the community.” The city then demanded that Grand jump through still more hoops before making a final decision. Grand ultimately went to court to protect his religious freedom. But rather than decide whether the city had violated his rights, the lower courts ruled that he first had to keep working his way through the very permitting process he was challenging.
“Congress enacted RLUIPA to combat this very kind of government abuse,” said Davis. “It means very little if believers like Grand must wait out a lengthy permitting process while the state runs roughshod over their religious freedom. We’re confident the Court will set things right.”
The Supreme Court will hear Grand’s case on December 9.
For more information or to arrange an interview, contact Ryan Colby at [email protected] or 202-349-7219.
Late last month, the U.S. Supreme Court delivered a unanimous victory for religious freedom in Holt v. Hobbs. It held that a federal civil rights statute requires prison officials to accommodate peaceful expressions of religious devotion, an issue arising from a dispute between a bearded Muslim inmate (named Holt) and the Arkansas Department of Correction. Because the same statute also happens to protect the land-use needs of religious organizations, the circle of winners from the court’s endorsement of the statute’s power extends well beyond a prison’s walls.
In the spring of 2001, however, a neighbor complained to the Town Planning Board, and the Mortensens were asked to apply for a special use permit that would allow them to use the home as a “church or other place of worship,” although neither of those terms is defined anywhere in the Town zoning ordinance. The Zoning Board of Appeals held a hearing on the application on September 5, 2001, and a group of neighbors appeared in opposition. None claimed that they had been harmed or even inconvenienced by Pine Hill Zendo during the previous two years. One resident even testified that other neighbors told her they had never seen or heard anything, and didn’t even realize the Zendo existed. Opponents simply speculated that traffic and parking problems might develop.