About: RLUIPA Equal Terms Provision Circuit Split

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President Bill Clinton signed the Religious Land Use and Institutionalized Persons Act of 2000 into law on September 22 of 2000. This piece of legislation was intended to protect the free exercise of religion as it relates to institutionalized persons and land use. One provision of RLUIPA pertaining to land use is the Equal Terms Provision. The Equal Terms Provision states "No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." While RLUIPA has been the subject of much scholarly writing, the Equal Terms Provision has received little attention on its own.

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  • President Bill Clinton signed the Religious Land Use and Institutionalized Persons Act of 2000 into law on September 22 of 2000. This piece of legislation was intended to protect the free exercise of religion as it relates to institutionalized persons and land use. One provision of RLUIPA pertaining to land use is the Equal Terms Provision. The Equal Terms Provision states "No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." While RLUIPA has been the subject of much scholarly writing, the Equal Terms Provision has received little attention on its own. However, the Equal Terms Provision has proven difficult for some courts to interpret and has caused a circuit split as to its application. At this point in time there are three different approaches that Circuit Courts of Appeals have applied to the Equal Terms Provision. (en)
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  • President Bill Clinton signed the Religious Land Use and Institutionalized Persons Act of 2000 into law on September 22 of 2000. This piece of legislation was intended to protect the free exercise of religion as it relates to institutionalized persons and land use. One provision of RLUIPA pertaining to land use is the Equal Terms Provision. The Equal Terms Provision states "No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." While RLUIPA has been the subject of much scholarly writing, the Equal Terms Provision has received little attention on its own. (en)
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  • RLUIPA Equal Terms Provision Circuit Split (en)
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