Key point 7-06.03. Local zoning commissions may violate a church's First Amendment right to the free exercise of religion by imposing unreasonable restrictions on the church's ability to purchase and develop land for church use. Churches whose constitutional rights are violated in this manner may be able to sue for money damages under federal law.
What legal recourse does a church have if its exclusion from a city (or portion of a city) violates its constitutional rights? In the past, churches that have been denied access to certain locations by action of a zoning board generally have been content to seek a reversal of such a determination in the civil courts. In recent years, however, some churches have gone a step further and have sued cities for violating their constitutional rights. The relevant statute is title 42, section 1983, of the United States Code, which specifies:
Every ...
Interested in becoming a member? Learn more.
This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."
Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.
