A Higher Authority: How the Federal Religious Land Use and Institutionalized Persons Act Affects State Control over Religious Land Use Conflicts

Abstract

The Religious Land Use and Institutionalized Persons Act (RLUIPA) provides heightened protections for religious institutions that seek to build or expand their facilities in excess of local zoning regulations. Although RLUIPA claims on its face that it does not preempt state protections for reglious land uses, more and more religious organizations have elected to bring suit under RLUIPA in addition to or in lieu of state laws. This Note focuses on Massachussetts and Washington as representative examples of states’ religious land use protections and examines the effect of RLUIPA on those protections. The Note suggest that RLUIPA may unintentionally preempt state laws, particularly where states have chosen not to act.