Fifth Circuit Invalidates City Zoning Ordinance that Treats Churches Less Favorably than Similar Secular Land Uses

Ilya Somin at The Volokh Conspiracy: In its recent decision in Elijah Group v. City of Leon Valley, the federal Court of Appeals for the Fifth Circuit invalidated a city zoning ordinance that forbade churches in an area where very similar secular land uses are permitted. The court ruled that the ordinance violates the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). Here is the key passage in the opinion . . .