Law Review: Construing RLUIPA’s Equal Terms Provision

Equally Confused: Construing RLUIPA’s Equal Terms Provision
Terry M. Crist III, 41 Ariz. St. L.J. 1139 (2009)

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This Comment explores the circuit split as an instance of the broader dialogue between Congress, the courts, and state and local government by asking how the embattled Ninth Circuit and the Supreme Court should resolve a facial challenge to a local ordinance under the equal terms provision of RLUIPA. This Comment concludes that the rule in the Eleventh and Seventh Circuits is the better of the two positions, both in terms of law and policy.