ABSTRACT
Local government land-use regulation does not generally implicate the Establishment clause, but it potentially impacts religious exercise when zoning and planning ordinances dictate the location and activities of sacred places. A majority of US jurisdictions offer constitutional protection to religious activities associated with existing and permitted religious use. When nuisance law is used to restrict or eliminate the adverse effects of religious conduct on neighboring land-uses, the state action doctrine may require courts to observe constitutional protection against burdening religious exercise. Neutral laws of general applicability should not be applied to burden religious exercise unless the government interest achieved is compelling and there is not a less restrictive means to accomplish the state goal. Along with the guarantee of religious freedom and human rights comes the task of defining the limits of religious exercise when religious individuals or institutions interfere with the property rights or human rights of others.
