HONOLULU  A federal judge refused to dismiss a suit against Maui County on behalf of Hale O Kaula Church, thus upholding a 2000 federal law that bans governments from making zoning laws that restrict religious freedom.
In allowing the U.S. Department of Justice case to continue, U.S. District Judge Samuel P. King ruled that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not violate the U.S. Constitution. The law requires municipalities to show a compelling interest, such as public safety, in order to deny a religious group's zoning request.
According to the Honolulu Star-Bulletin, King rejected the county's claim that RLUIPA violated the 10th Amendment barring federal intrusion into state matters.
"RLUIPA is not federal zoning of county land; it is federal enforcement of federal rights," said King. He also rejected arguments that the law violates the First Amendment clause prohibiting government establishment of religion.
The newspaper reported that Maui County will immediately appeal to the Ninth U.S. Circuit Court of Appeals, where judges are considering a RLUIPA from California in which a judge ruled the law unconstitutional. (See related stories, Land use, zoning protection law struck down in district court and Justice department files suit in church zoning case.)
