Document Type
Brief
Case Name
Spirit of Aloha Temple v. County of Maui
Publication Date
3-8-2024
Abstract
Nos. 23-3453 and 23-3633
Spirit of Aloha Temple v. County of Maui
Appeal from the United States District Court for the District of Hawaii Honorable Susan Oki Mollway (No. 1:14-cv-00535-SOM-WRP)
From the Summary of the Argument
To determine whether a land-use regulation unlawfully imposes a substantial burden on a plaintiff’s religious exercise, courts conduct a holistic and nuanced inquiry. At bottom, that analysis asks whether and to what extent the government has impaired the plaintiff’s ability to fulfill a religious need. The answer to this question must take into account a range of considerations concerning the plaintiff’s religious beliefs and the options with which a regulatory scheme has left her. This Court has previously declined to adopt bright-line rules that would disrupt this comprehensive legal analysis.
Recommended Citation
Meiser, John A. and Kessler, Meredith Holland, "Amicus Curiae Brief of the Notre Dame Law School Religious Liberty Clinic in Support of Plaintiffs-Appellants" (2024). Court Briefs. 37.
https://scholarship.law.nd.edu/sct_briefs/37
Comments
The Notre Dame Law School Religious Liberty Clinic promotes and defends the freedom of religion or belief for all people. It advocates for the right of all people to exercise, express, and live according to their beliefs. And it defends individuals and organizations of all faith traditions against interference with these fundamental liberties. It has represented an array of individuals and organizations in cases 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 believers and institutions. 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.