#Ep186 #Whats #Fairview #Attorneys #RLUIPA #Argument
On this episode of Mormonish Podcast, Rebecca and Landon are joined by attorney Kolby Reddish as we discuss RLUIPA, a key component in the Fairview LDS temple situation.
RLUIPA stands for the Religious Land Use and Institutionalized Persons Act. The LDS church uses this law to intimidate towns by insinuating that their zoning ordinances and laws are superseded by RLUIPA and the church can sue towns if they can’t build the temple they want, even when it exceeds established zoning codes.
But is this really the case? Our discussion in this episode digs into what RLUIPA actually says and what it
allows. It’s a complex issue but Kolby is able to shed some real light on the law and its uses. You won’t want to miss this!
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lawyers near me , Ep186: What’s Next for Fairview? An Attorney’s Take On The RLUIPA Argument
In United States vs Ballard, 322 U.S. 78 (1944), the U.S. Supreme Court held that whether a religious belief is true or false should not be taken into consideration under the First Amendment’s Establishment Clause. The religious views espoused by Mormons with respect to the height of their Temple Spire might seem incredible, if not preposterous, to most people. But if those views are subject to trial before a jury or challenged by a town council charged with finding their truth or falsity, then the same can be done with the religious beliefs of any sect. When the triers of fact, or a town council, undertake that task, they enter a forbidden domain.
So the LDS Church by just saying that the height of the spire constitutes a sincerely held religous belief meets the initial burden of RAFRA/RLUIPA. Then it is up to the Fairview Town Council to show it has the right to substantially burden the LDS Church’s right to freely exercise its religion in furtherance of a compelling governmental interest and if so, only impose that burden using the least restrictive means possible.
In Fairview, the town council is representing all of its citizens; not just the Mormons and not just those citizens who don’t want the temple as currently designed. Let’s look at a list of possible compelling interests. If the town council’s compelling interest is:
1. A compelling interest to represent the wishes of the citizenry. If the town council claims its acceding to its citizenry’s interest, how can it be a compelling interest if such interest only benefits a portion of those represented. How do you decide which group of citizens benefits from the town council’s compelling interest.
2. A compelling economic interest? The Church can provide extensive data that temples increase the market value of the surrounding area. The height of the spire does not lower or eliminate tax revenues nor are local businesses impacted negatively by its height.
3. A compelling safety interest? Such an interest that the height of the spire puts people at risk hasn’t been at issue.
4. A compelling cultural interest? Get real; you name one.
5. A compelling burden on governmental obligations and duties? Not at issue with regard to height of the spire.
6. A compelling interest to stay within statutory limits. Variances are issued all the time.
So I’ve listed a few possible arguments the town council can make to give them the right to burden the Church’s free exercise of religion. If these don’t work, please provide the ones that do work.
It appears the LDS Church is on solid legal ground.
🤔🤔Maybe each city should separately challenge the 501(c)3 staus wirh an IRS complaint noting the charitable funds being used to file lawsuit to strong arm ciries & towns.
Where's my 666' tall Baphomet steeple with an Altar on top?! 😅🤣😂 It's a deeply held belief! I need it!
Cries crocodile tears
My Black Mass just isn't the same without my Baphomet steeple! 😅🤣😂
This is Jackson County, Missouri, and Nauvoo, Illinois, all over again – Mormons were bad neighbors. They didn’t respect the local people. They didn’t respect local customs and laws. They came in and pushed their political and financial weight around. That was at least as relevant as perceived religious persecution was. It ended badly for the Mormons then and perhaps in the long run will end badly for them here.
As a brief follow-up on the question Rebecca or Landon asked about Texas' specific interpretation of its state RFRA statute–I wanted to note that I looked into the Texas Supreme Court's decisions on the topic. In the case of Barr v. City of Stinton in 2009, the Texas Supreme Court applied the exact same language that I presented from the Fifth Circuit: "a government action or regulation creates a ‘substantial burden’ on a religious exercise if it truly pressures the adherent to significantly modify his religious behavior and significantly violate his religious beliefs.” Barr v. City of Sinton, 295 S.W.3d 287, 301 (Tex. 2009). All to say that my speculation there was no appreciable difference between Texas' specific RFRA law and the Fifth Circuit's interpretation seems to be correct after my review of the case law there.
Just excellent!!!!
When you don't know what to do just remember who would Jesus sue?😂?😂?😂
This was a great episode, I appreciate Kolby's insight as well as his commentary on the legal system in Idaho. I have a friend from Boise who grew up in the Christian Science church and it did a lot of harm to him. I didn't know they were so prevalent in the area
Hey beautiful Rebecca Biblioteca
Can i suggest something? I hope you are ok with my advice.
I am a make up artist hairdresser and I’d love to see your eye liner thicker on top of your eyelashes and at the bottom go a bit lighter?
Try it and show it on your podcast. You are so beautiful. Your eyes are beautiful. Eyeliner on top thicker and Eye liner on bottom very thin like inside the eye. 😀👍🌹❤️
Where can i download my law degree? After watching Kolby's videos, I should qualify.
For me nature is spiritual and the temple is like a middle finger to me from the church. It’s a reminder of spiritual trauma. It should be the choice of the people that would have to look at it everyday.
Great episode! Love Kolby! You guys mentioned a previous podcast episode regarding changes to the Gospel Topics Essays. Can you please share the link? Thanks!
Thank you Kolby and Mormonish team
Thank you 3 for your input. Great comments. This reminds me of a Temple in Phoenix AZ.
It seems like this should be a rather tedious (and possibly boring) subject, but I have found it to be fascinating. Well done!
Kolby always has wonderful insights, love to hear from him! Thanks for keeping the light on this issue!
The church needs to be careful, if this gets passed then church of Satan or other churches they don’t approve of could build a large church in a LDS neighborhood!
It’s beyond sad to know that funds from struggling, really struggling members, are being spent this way.
The coming October General Conference will include a Proclamation of the Temple Spires and a new Article of Faith on belief in high Temple spires. That will show the gentiles that we are not just making things up as we go along!!!
Thanks Kolby! Your explanations are so helpful.❤
To NO ONE other than indoctrinated lds members does this *not make sense. No one, including the lds church leadership and their lawyers, thinks the height of their steeple is in any way is part of their religious practice, that restricting the height to conform with zoning laws impinge on their constitutional right to religious freedom.
The thing is, all of this makes entire sense to most everyone–even the LDS church–but the church simply uses lawyers to get what they want and push through. It is disingenuous of them in the way they frame it. But they 100% understand how these laws work. They simply do not care. Self-righteous, entitled bullies–for 100 years. Why expect them to change now?