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SB 38 - Religious Freedom Protection Act - Land Use Issues

        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 varietyof
religious activities.

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

        The Coalition has identifiednumerous problem areas  which are
directly  affected by the current state of law.  Examplesinclude:
 

1)  Some regulations prohibit the use of private homesas regular sites for
religious assemblies and services.  These restrictions fall heavilyon
minority faiths.

2 )  In some communities, it is difficult to locate a new houseof worship
anywhere.  Zoning ordinances restrict houses of worship in commercial,
residential , industrial and agricultural zones.  No zoning districtseems
suitable for religious uses.

3)  The burden of community resistance to more places of worshipfalls
disproportionately on minority faiths.

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

5)  Land use regulations --- particularly historical preservationstatutes
--- ignore the relationship between a house of worship and its
congregation.  Houses of worship need to change as the congregation'sneeds and concerns change.


               Please support the passage of SB38!!

 


 
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