Injunction Halts Zoning Decision Barring New Jersey Mosque

Written by Don ByrdA federal judge in New Jersey has granted a preliminary injunction barring a zoning decision by the Town of Bridgewater. A Muslim group requested the injunction after the zoning change, which took place after they purchased land, blocked their plan to build a mosque. Relying on the Religious Land Use and Institutionalized Persons Act (RLUIPA), the judge found the zoning decision would cause the group irreparable harm placing a substantial burden on their religious exercise without the government likely able to demonstrate a compelling interest in the move.

A Brief History of Conscience Clause Legislation

Written by Don Byrd
Slate’s Dahlia Lithwick provides a very helpful and interesting bit of background on conscience clause legislation, that is, exemptions from requirements as a matter of conscience or religious belief. She frames the issue as a central question going forward for the scope of religious liberty in America.

Tampa Bay Times Editorial Tackles Prayer at High School Football Games

Written by Don ByrdIn Florida’s Pasco County, the battle over prayer at high school football games has been heating up, after House Speaker WIll Weatherford weighed in, arguing that coaches should be able to lead their team in prayer. An editorial in today’s Tampa Bay Times takes him to task and reminds readers what is at stake.

Arizona Appeals Court Approves Voucher Program Despite Religious Funding Concerns

Written by Don Byrd
In a unanimous ruling yesterday the Arizona Court of Appeals upheld the state’s education funding mechanism that allows parents of students with disabilities to spend public money on private school tuition, including religious education. Plaintiffs challenged the law, citing Arizona’s constitutional prohibition on funding for religion, but the court rejected that argument.The religious element of the education, the court seems to say, is only an incidental feature of the educational choice.