Only 26 years ago, Congress unanimously passed a law codifying recognition of an important and foundational principle: religious freedom depends, in part, on faith communities having a place where they can gather and worship.
On September 22, 2000, the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) was signed into law. The law addresses the ways local land-use decisions can affect religious exercise and establishes protections for religious institutions seeking to use property for worship.
As Pastor and Assistant Pastor of Fountain Baptist Church, the oldest African American church in Summit, the principles behind RLUIPA are very important to us.
Like many faith communities that have served their neighbors for generations, Fountain Baptist has evolved over time. Our congregation once worshipped on Chestnut Street. As our needs changed and that space could no longer adequately serve our ministry, we relocated to Glenside Avenue.
While a church is much more than a building, a physical space still matters. It allows a congregation to worship together, support its members, and carry out its ministry in a safe and familiar area.
We here in Summit have seen the importance of a congregation’s physical space play out publicly very recently when Beacon Unitarian Universalist Congregation in Summit began its journey towards a new home. Beacon has been part of the Summit community for more than a century. Its congregation has reached a point – similar to many houses of worship – where its existing property no longer meets the needs of the community it serves. Beacon sought to relocate from Waldron Avenue to Springfield Avenue so its congregation could gather together in a space better suited to its needs. Earlier this year, Summit’s Zoning Board denied that application.
For those of us leading faith communities, Beacon’s experience raises an important question: What does religious freedom mean if a congregation cannot find a place where it can practice its faith and carry out its ministry?
Part of the great beauty of our nation is that it is made up of many different faith traditions. That diversity is part of what makes America so special. While we all come from different traditions and backgrounds, we all depend upon the freedom to practice our faith and to have spaces where we can safely and comfortably do so.
When the RLUIPA was enacted 26 years ago, it provided protections against land-use regulations that substantially burden religious exercise in circumstances covered by the statute, as well as protections against discrimination and unequal treatment of religious institutions.
Those protections do not mean houses of worship are exempt from reasonable land-use rules. Communities have legitimate interests in issues such as safety, traffic, and development. But our nation has also recognized that land-use decisions can have profound consequences for religious exercise. That is why religious freedom must remain an important part of those conversations.
Fountain Baptist’s history has taught us that seeking a new physical home is not unusual for a faith community. Congregations evolve. Buildings become outdated. Needs change. What matters is that faith communities have a meaningful opportunity to adapt so they can continue serving their members and their neighbors. That principle should apply to Beacon and to every house of worship, regardless of denomination.
As we mark the 26th anniversary of RLUIPA, we hope we remember the principle at its heart: religious freedom belongs to every faith community. And meaningful religious freedom requires more than the right to believe. It requires the ability to gather, worship, and serve.
Reverends Dr. Willie Francois III and Vernon Williams are Pastor and Assistant Pastor at Fountain Baptist Church in Summit, New Jersey.
