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Joined 1 year ago
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Cake day: July 3rd, 2023

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  • The Church has carried its burden on this question. As the Tenth Circuit has noted, a substantial burden exists for the purposes of RLUIPA where the government “prevents participation in conduct mo- tivated by a sincerely held religious belief.” Sebelius, 723 F.3d at 1138 (10th Cir. 2013). Although the Town alludes to a bit of a disconnect between the Church’s assertion that it is compelled to allow the poor to “live among you” and its desire to have people live in RVs on Church grounds rather than in homes and residential areas where Church mem- bers live, it does not ultimately dispute the sincerity of the Church’s assertions on this point, which are supported by sworn affidavits. See Doc. 8–4 at 24, 38. And while the Town may eventually show that the Church’s beliefs are not in fact sincere or that there is a non-religious motivation behind the desire to allow people to live on Church property, it has not done so at this point. See Grace United Methodist Church, 451F.3d at 648 (“The jury found that Grace United had failed to prove the proposed operation of the daycare center was a sincere exercise of religion under RLUIPA.”).


    To me, live among you means in the church, not an RV on the outer perimeter of the church lawn, 400 feet from the property line.

    I also take issue with the use of the RLUIPA to argue that churches can essentially do whatever they want as long as it’s a sincerely held religious belief. That is as absurd as Kanye West claiming he should pay no tax because his album is preaching and he’s actually operating a church rather than just being an asshole.

    I’d like to see RLUIPA amended.