Hands Off the Scales: Rebalancing Religious Liberty and the Rule of Law

Abstract

In the 10 years since President Clinton signed the Religious Land Use and Institutionalized Persons Act (RLUIPA) into law, the resulting litigation and consternation has not diminished. The impacts of this federal law have been addressed in previous commentaries, including RLUIPA: Two Sides to the Story (Daniel P. Dalton, Graham S. Billingsley, FAICP, and Dwight H. Merriam, FAICP (April 2007)); How to Avoid a “Holy War”—Dealing with Potential RLUIPA Claims (Alan C. Weinstein (March 2008)); Religious Land Uses, Zoning, and the Courts in 2008(Daniel P. Dalton (July 2009)); and in the RLUIPA Reader—Religious Land Uses, Zoning, and the Courts, edited by Michael S. Giaimo and Lora A. Lucero, AICP (ABA/APA 2009). The author of this commentary offers a potential solution to ongoing RLUIPA problems, recommending model language for state legislatures to consider. Modifications to the various state Religious Freedom Restoration Acts might rebalance public-private interests and reduce litigation.