| 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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