Document Type
Brief
Publication Date
10-13-2023
Abstract
No. 1:22-cv-00156-CL
St. Timothy's Episcopal Church v. City of Brookings
From the Argument
Congress unanimously enacted the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) to provide sweeping protection for religious exercise against discrimination in land-use regulation. To accomplish this goal, the statute generally prohibits the government from implementing land-use regulations in a manner that imposes a substantial burden on the religious exercise of a person or organization. And several provisions—including the statute’s capacious definition of “religious exercise” and its broad-construction mandate—emphasize the statute’s breadth.
Recommended Citation
Nokes, Casey M. and Kessler, Meredith, "Brief of Amicus Curiae Notre Dame Law School Religious Liberty Clinic in Support of Plaintiffs' Motion for Summary Judgment" (2023). Court Briefs. 36.
https://scholarship.law.nd.edu/sct_briefs/36
Comments
The Notre Dame Law School Religious Liberty Clinic promotes and defends religious freedom for all people. It advocates for the right of all people to exercise, express, and live according to their religious beliefs. And it defends individuals and organizations of all faith traditions against interference with these fundamental liberties. It has represented groups from an array of faith traditions to defend the right to religious exercise, to preserve sacred lands from destruction, to promote the freedom to select religious ministers and shape religious doctrine, and to prevent discrimination against religious schools and families. The Clinic has participated in proceedings at all levels of federal and state courts, in administrative agencies, and before foreign courts and other governmental bodies around the world.