April 26, 1999

SB 38 (BACA) LAND USE RELIGIOUS FREEDOM PROTECTION ACT PASSES SENATE COMMITTEE 6 TO 0

                    [Click here to read the text of the bill.]

The Local Government Committee of the California Senate passed SB 38 by a
vote of 6 to 0 on Wednesday, April 21.  The bill now goes to the Senate
Judiciary Committee where major opposition is anticipated. This bill is
urgently needed to protect the religious freedom of all faith groups that
congregate together and carry on ministry activities. [See analysis below.]

WHAT TO DO NOW

This bill is in doubt unless the grassroots mobilizes to convince the
Senate Judiciary to pass the bill onto the full Senate. The bill is also at
grave risk of being weakened by amendments. Your time and energy are
urgently needed to make a difference. Please:
 

1.      Contact the members of the Senate Judiciary Committee.
2.      Contact your own Senator. Check our website for information on the
Senators, or link from there to the Senate's own web page to find out who
your Senator is. Either send your own Senator a copy of what you send to
the Judiciary Committee, or send a separate letter, urging your Senator to
lobby the committee.
3.      Use arguments from the points presented below.
4.      Forward this to as many people as possible.
5.      Print this out and distribute it in church, and make an announcement.
6.      PRAY!!!

Senate Judiciary Committee    Email           Phone: (916)       Fax: (916)

Adam Schiff, Chairman   senator.schiff@sen.ca.gov       445-5976                  324-7543
Bill Morrow                                                                  445-3731                  446-7382
John Burton                                                                  445-1412                   445-4722
Martha Escutia                                                             327-8315
Raymond Haynes       senator.haynes@sen.ca.gov        445-9781                  447-9008
Jack O'Connell          senator.oconnell@sen.ca.gov      445-5405                  322-3304
Steve Peace               senator.peace@sen.ca.gov         445-6767                  327-3522
Byron Sher                senator.sher@sen.ca.gov            445-6747                  323-4529
Cathie Wright            senator.wright@sen.ca.gov         445-8873                   324-7544

If you wish to send a letter by mail just send it to:

The Honorable (senator's name)
California State Senate
P.O. Box 942848
Sacramento, CA 94248-0001

BACKGROUND

1.  The constitutional right to the free exercise of religion, as protected
by both the California and U.S. Constitutions, is meaningless unless people
have the freedom to assemble together to engage in religious activities.

2.  The extensive regulation of land use unduly restricts the ability of
people to assemble together to engage in a wide variety of religious
activities.

3.  California courts have generally avoided the application of free
exercise of religion rights in the context of land use, resulting in
unwarranted restrictions on religious assemblies and institutions.

4.  The purpose of this legislation is to ensure that free exercise of
religion rights are applied in the context of land use.

NEED

There are five problem areas which this bill is designed to address:

1.  Some regulations prohibit the use of private homes as regular sites for
religious assemblies and services.

2.  In some communities it is difficult to locate a new house of worship
anywhere.  Local officials have implicit rules that religious congregations
should not even apply for zoning changes and land use permits.

3.  The burden of community resistance to more places of worship falls
disproportionately on minority faiths.  Majoritarian religious institutions
are already present and land use regulations limit the availability of more
locations.

4.  Some communities permit houses of worship but restrict the kinds of
activities that may be performed.  Land use regulations limit the ministry
of a religious institution without understanding the congregation's
religious obligations.

5.  Land use regulators--particularly historical preservation
statutes--ignore the relationship between a house of worship and its
congreagtion.  Houses of worship need to change as the congregation's needs
and concerns change.

=========================================================
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