Wednesday, May 28, 2008

Cert. Denied In Case Interpreting RLUIPA "Equal Terms" Provision

The U.S. Supreme Court today denied certiorari in Lighthouse Institute for Evangelism v. Long Branch, NJ, (Case No. 07-1111). (Order List.) In the case, the 3rd Circuit below held, in a 2-1 decision, that the "equal terms" provision of Religious Land Use and Institutionalized Person Act (Sec. 2(b)(1)) does not require a church to show that a "substantial burden" has been been placed on its religious exercise, but merely to show that it was treated worse than a secular organization that has a similar negative impact on the aims of the land-use regulation at issue. (See prior posting.)