ABSTRACT
A local government may violate the establishment clause when it delegates its own powers to a religious organization or shows preference for certain religions. The ordinance would violate the establishment clause because it would create an excessive entanglement of government with religion. The ordinance would involve churches in the process of government and could allow churches to use their veto power for religious purposes. The federal court will examine the burden placed on religion by the zoning ordinance and the government interest served by the ordinance. The one federal court to consider this issue used a balancing test that weighed the restrictions on the free expression of religion against the government's interest in land use regulation and upheld the municipality. The state court in a majority jurisdiction would overturn the denial on the grounds that religious uses are presumed to benefit the public health, safety, and welfare and thus may not be excluded from residential areas.
