The Justice Department has filed a statement of interest in support of Anchor Stone Christian Church, which claims that the City of Santa Ana violated its rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The church's lawsuit argues that the city's zoning provisions treat religious assemblies less favorably than secular ones.
Anchor Stone Christian Church, composed mainly of first-generation Chinese and Taiwanese Americans, alleges that while nonreligious assembly uses such as museums and art galleries are permitted by right in Santa Ana's professional district, religious assembly uses require discretionary approval through a conditional use permit (CUP). The church's application for such a permit was denied, prompting it to seek a preliminary injunction to allow worship at its property.
Acting United States Attorney Joseph McNally stated, “Zoning practices that unfairly limit assemblies by faith-based groups violate federal law. Municipalities cannot create zoning districts that treat houses of worship worse than comparable secular assemblies. The Justice Department will vigorously protect the right of religious institutions to receive equal treatment under the law.”
Deputy Assistant Attorney General Mac Warner added, “RLUIPA prohibits local governments from treating religious assembly uses like the Anchor Stone Church worse than comparable nonreligious assemblies. Zoning codes violate RLUIPA when they make it more difficult for people to gather for religious worship than for secular purposes. The Civil Rights Division will continue to vigilantly enforce RLUIPA’s protections and ensure that religious groups have equal access to places to worship as a community.”
The lawsuit emphasizes that the city has not justified this unequal treatment under RLUIPA’s equal terms provision. RLUIPA is designed to protect against burdensome or discriminatory land use regulations affecting religious institutions.
As part of its efforts, the Justice Department has reminded state and local leaders of their obligations under RLUIPA through outreach initiatives. These include distributing informational letters and hosting forums with land use practitioners and religious leaders.
Individuals who feel discriminated against in land use decisions can contact relevant authorities or submit complaints via designated channels provided by the department.