Texas supreme court affirms special rights for religion

[babsbunny]

http://rawstory.com/08/news/2009/06/19/texas-supreme-court-affirms-special-rights-for-religion/

By Muriel Kane

Published: June 19, 2009
Updated 1 day ago

he Texas state supreme court ruled unanimously on Friday that a town which had altered its zoning to ban two church-sponsored halfway houses in a residential neighborhood was in violation of the Texas Religious Freedom Restoration Act.

That act, which was passed in 1999 and endorsed by then-Governor George W. Bush, affords greater legal protection to religious operations than to equivalent secular operations.

Under its provisions, cities have to prove that zoning regulations — like the one passed by the town of Sinton to ban jails and rehabs within 1000 feet of a home, school, or church — further a “compelling” interest, such as protecting public safety, and do not place a “substantial burden” on the free exercise of religion.

[imdjh]

1. Seems simple enough.

Normally I despise workarounds, but I can make an exception now and then. Pass a law against operating a boarding house within city limits. Specifically exempt halfway houses where residents pay no rent, no utilities, no board, and are not required to work as a condition of residence and where no payment is received on their behalf from a government agency. That way if this is truly a charitable ministry, then the church can do it, at their own expense. Specifically exempt group homes operated for the care of the physically or mentally disabled.

[happyslug]

4. The problem is that is what the church did, The housing was free and that was banned by the City.

Here is the Opinion:
http://www.supreme.courts.state.tx.us/Historical/2009/jun/060074.htm

[ColbertWatcher]

2. Even the name is fucked up.

"Texas Religious Freedom Restoration Act"

Are they trying to say that religion somehow is not getting freedom and therefore must be restored?

How sad.

[JVS]

3. Is this about a church being unable to run a halfway house within 1000 feet of itself?

[happyslug]

6. Yes, the actual housing was across the Street from the Church

A church that wanted to run the half way homes, but was banned from doing so AFTER the church told the City it was going to do so.

See the opinion for details:
http://www.supreme.courts.state.tx.us/Historical/2009/jun/060074.htm

[rhett o rick]

5. Is Texas still part of the United States? nm