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Arizona Governor Signs Bill Giving New Religious Land Use Protections

By Howard M. Friedman

The Arizona Republic reports that Gov. Jan Brewer on Wednesday signed House Bill 2596 that gives added protections from land use regulations to religious institutions. It prohibits zoning regulations that impose an unreasonable burden on the exercise of religion, even if the government has a compelling interest, unless the proposed religious exercise violates religion-neutral zoning standards in effect when the zoning application was made; there are toxic hazards on adjacent property; or a suitable alternative location is available. It also bans discrimination or unequal treatment of religious institutions, even if the government has a compelling interest. Finally it bars total exclusion of a religious institution from a political jurisdiction or unreasonable limits on religious institutions, again regardless of any compelling interest. The statute also allows cities to exempt, on a case-by-case basis, churches or charter schools from existing statutory restrictions on their locating near businesses that sell liquor, if they are located in an entertainment district.

Full post as published by Religion Clause on May 16, 2010 (boomark / email).