NEWARK, N.J. – The U.S. Attorney’s Office for the District of New Jersey, in collaboration with the Justice Department’s Civil Rights Division, filed a statement of interest in the U.S. District Court for the District of New Jersey. The filing supports an Orthodox Jewish congregation’s claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA), indicating they are ripe for federal court decision.
U.S. Attorney Philip R. Sellinger emphasized the commitment to free and non-discriminatory worship for all religious communities in the district. The enforcement of RLUIPA ensures fair application of the law by local boards, safeguarding the rights of faith communities.
Assistant Attorney General Kristen Clarke of the Civil Rights Division highlighted RLUIPA’s role in preventing unjust barriers against religious groups establishing worship places. She noted that zoning restrictions should not be used to unlawfully block religious groups, as it violates both religious freedom and federal law.
The statement of interest relates to the case Chai Center for Living Judaism v. Township of Millburn. The lawsuit alleges that the township’s denial of the synagogue construction application burdened the congregation’s religious exercise and discriminated based on religion. It also claims certain township land-use regulations, including a minimum lot size for houses of worship, violate RLUIPA. The township argued for dismissal of RLUIPA claims based on a state-law standard, claiming the claims are not ready for federal court due to procedural grounds in the zoning denial.
The statement clarifies that RLUIPA claims should be evaluated based on its statutory elements, and state-law review standards are inapplicable. It argues for federal court adjudication of the claims, as the township’s final zoning decision has already inflicted injury by hindering the congregation’s religious land use.
RLUIPA protects religious institutions from overly burdensome or discriminatory land use regulations. The Justice Department’s Place to Worship Initiative, launched in June 2018, focuses on enforcing RLUIPA provisions to protect the rights of religious institutions. Further information is available on the Justice Department’s website.