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Federal religious liberty law struck down.


A federal law aimed at making it more difficult for state officials to enforce certain laws that could negatively affect religious groups suffered a setback in June.

U.S. District Judge Stephen V Stephen V, 1239–72, king of Hungary (1270–72), son and successor of Bela IV. As a child he was named duke of Transylvania, and in 1259 he was made duke of Styria. . Wilson of California ruled that Congress overstepped its bounds when it passed the Religious Land Use and Institutionalized Persons Act The Religious Land Use and Institutionalized Persons Act, Pub.L. 106-274, 42 U.S.C.  2000cc-1 et seq. (RLUIPA) is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as making it easier  (RLUIPA RLUIPA Religious Land Use and Institutionalized Persons Act of 2000 ) of 2000. The act prohibits zoning regulations that impose a substantial burden on churches unless the local government can show a compelling reason for them. RLUIPA is widely seen as a partial replacement of the Religious Freedom Restoration Act The Religious Freedom Restoration Act (, also known as RFRA) is a 1993 United States federal law aimed at preventing laws which substantially burden a person's free exercise of their religion.  that the Supreme Court invalidated in·val·i·date  
tr.v. in·val·i·dat·ed, in·val·i·dat·ing, in·val·i·dates
To make invalid; nullify.



in·val
 in 1997.

In fall 2000, the Lake Elsinore Christian Center and Church in Lake Elsinore, Calif., sought a permit from city officials to relocate into an area zoned for commercial uses. The city council in February 2001 denied a permit, citing loss of commercial tax revenue and the loss of the only discount food store in an economically depressed area. The church then sued in federal court, arguing that the city's denial of the permit violated its religious liberty rights as defined under RLUIPA.

Judge Wilson concluded that Congress did not have constitutional authority to create RLUIPA, which he said essentially redefined First Amendment religious liberty rights.

"The result is likely to be, as in this case, that many land use decisions will be invalidated despite being legitimately motivated and generic in effect, simply because the aggrieved ag·grieved  
adj.
1. Feeling distress or affliction.

2. Treated wrongly; offended.

3. Law Treated unjustly, as by denial of or infringement upon one's legal rights.
 landowner is a religious actor," Wilson wrote in Elsinore Christian Center v. City of Lake Elsinore.
COPYRIGHT 2003 Americans United for Separation of Church and State
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:In The Capital
Publication:Church & State
Article Type:Brief Article
Geographic Code:1USA
Date:Sep 1, 2003
Words:251
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