Written by Don Byrd
A federal judge in New Jersey has granted a preliminary injunction barring a zoning decision by the Town of Bridgewater. A Muslim group requested the injunction after the zoning change, which took place after they purchased land, blocked their plan to build a mosque. Relying on the Religious Land Use and Institutionalized Persons Act (RLUIPA), the judge found the zoning decision would cause the group irreparable harm placing a substantial burden on their religious exercise without the government likely able to demonstrate a compelling interest in the move.
From the opinion:
Plaintiff has alleged several injuries to religious exercise. Plaintiff is without a permanent spiritual home, which has impeded its growth and its capacity to raise money for its programs. Without a permanent mosque, Plaintiff is unable to attract a permanent Imam, or spiritual leader. These combined factors, among others, have rendered it nearly impossible for Al Falah and its individual members to adhere to the tenets of their religion.
In courts across the country, and without much fanfare, RLUIPA continues to protect groups who wish to make use of property for religious purpose. For adherents of minority faiths, who – like the plaintiffs in this case – often face public harassment that can turn into official government barriers, this protection is especially important.
You can read more about this case in the Newark Star-Ledger’s report here.
