The Religious Land Use and Institutionalized Persons Act
(RLUIPA)

Religious groups lobbied for and received the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). RLUIPA gives religious groups unprecedented freedom in land use, undermining local land use laws that apply to all other landowners.

RLUIPA represents a second attempt by Congress to give religious groups unique privileges in land use issues by removing local control in such matters. The first attempt was the Religious Freedom Restoration Act (RFRA), a law that regulated every state and local law to the benefit of religious entities. Ultimately, its constitutionality went to the Supreme Court, where the Court overturned RFRA on the grounds that it violated the principles of federalism and the separation of powers.

It is predicted that, with the LRNA lawsuit, RLUIPA will also ultimately make its way to the Supreme Court, where experts predict it will be struck down on such grounds as federalism, separation of powers, and separation of church and state.