Is Running A Homeless Shelter A Religious Activity?

In South Bend, Indiana, the group Catholic Worker is raising an interesting question about the scope of the Religious Land Use and Institutionalized Persons Act. Section 2 of that statute protects against substantial zoning burdens on "religious exercise" unless there is a compelling governmental interest. The South Bend Tribune reports today that the religious group claims RLUIPA protection for its the operation of three overnight homeless shelters. It argues that they involve its "religious exercise". Margaret Pfeil, co-founder of the group, says: "I've come to think that this configuration of events is interfering with our ability to practice our religion. If I as a private resident want to practice works of mercy by sharing my home with people who are homeless, I ought to be able to do that."