ABSTRACT

The First Amendment to the U.S. Constitution–s Establishment Clause prohibits excessive governmental entanglement with religion. And the First Amendment to the U.S. Constitution protects the free exercise of religion. Local government regulation of places of religious assembly implicates the First Amendment fundamental right to the free exercise of religion. And the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) limits local government regulations of places of religious assembly. This chapter presents the framework for evaluating when a local government land development regulation violates the Establishment Clause, the substantive due process right to the free exercise of religion, or RLUIPA.