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| March 14, 2002
Court Rules Against Christian College San Jose, CA - In a short written opinion, Federal District Judge, Ronald White, ruled that San Jose Christian College was not entitled to move to a new location being purchased in Morgan Hill, CA. In granting a motion for summary judgment to the City of Morgan Hill, the court ruled that the college was unable to show a substantial burden" on their "religious exercise" and thus was not afforded protection under the Religious Land Use and Institutionalized Persons Act of 2000 (a.k.a. RLUIPA). Under RLUIPA, religious institutions must be accommodated when a city's zoning policy creates a substantial burden upon their ministry. In order for a city to be exempt from providing an accommodation, it must show a compelling interest, such as protecting the health and safety of the community. The Pacific Justice Institute, along with affiliate lead attorney, Bill Clayton, has been representing the college throughout this litigation. "Without question, we are somewhat surprised that the judge refused to seriously consider the mounds of evidence proving a substantial burden to the college," said Brad Dacus, President of the Pacific Justice Institute. Thus far, the college has had to turn away students and forego important ministries and callings. "We have pledged to represent the college to appeal this decision without charge, if the college so desires. This decision poses a serious threat to the effect enforcement of RLUIPA which was intended to protect institutions, such as the college." The Pacific Justice Institute is a non-profit 501(c)(3) legal defense
organization specializing in the defense of religious freedom, parental
rights, and other civil liberties.
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