Posted on 05/02/2018 9:12:40 AM PDT by Faith Presses On
“And if it was a mosque? I think the decision is good just for that reason.”
The Supremes would have tripped over themselves to hear the case.
It wasn't directed at religious institutions because the church whose building the school wanted to use still operates there.
Reading the 6th Circuit decision it appears that the school should be directing their ire against Brighton Nazarene Church. In order for the school in the church to function in the church building a special use permit would need to be modified. Brighton Nazarene Church apparently has had a history of not complying with previous special use permits so the township board decided against giving them another modification.
The basic matter under consideration by the courts was whether denying the permit created an substantial burden as defined by the Religious Land Use and Institutionalized Persons Act. Apparently it didn't. Religious Land Use and Institutionalized Persons Act
I don’t, I know there are only decent justices on the court.
Four are rabid leftists who don’t care what the Constitution says.
Two are windsocks.
three
"14th Amendment, Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
"14th Amendment, Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
H O W E V E R …
Since we’re still stuck with a corrupt, post-17th Amendment (17A) ratification Congress left over from the lawless Obama Administration, we can predict that Congress will not lift a finger to either remove justices who ignore constitutionally enumerated protections, or make punitive laws to deal with state actors who likewise abridge constitutionally enumerated rights.
So to resolve unconstitutional abridgment of constitutionally enumerated rights by activist state actors, patriots in all states need to do the following.
Patriots need to finish the job that they started when they elected Trump president.
More specifically, patriots now need to be making sure that there are plenty of Trump-supporting patriots on the 2018 primary ballots who will be willing to make punitive laws to discourage state actors from abridging constitutionally enumerated protections.
Patriots then need to pink-slip career lawmakers by sending patriot candidate lawmakers to DC on election day.
And until the states repeal 17A, as evidenced by concerns about the integrity of the outcome of Alabama's and Pennsylvania's special elections, patriot candidates need to win elections by a large enough margin to compensate for possible deep state ballot box fraud, associated MSM scare tactics, and interference from people like Soros.
Hacking Democracy - The Hack
You would think with the state of failing public schools they would welcome an alternative for their citizens and for the children!
5/1/18
“65% of Public School 8th Graders Not Proficient in Reading; 67% Not Proficient in Math”
Is this the second failure of Gorsuch, already?
Voters can cure this nonsense if they wish. This school should locate just beyond the city limits and continue Gods work
We are waiting for death to take it’s course!!!
It's already running outside of the township.
>
There are only three decent ones on the court.
We have to wait for more.
>
Or, maybe We the People should be pressing for better. Few rails, tar & feathers, maybe a little ‘watering’ of the Tree...
The decision came after the 6th U.S. Circuit Court of Appeals ruled it isn’t a burden on religious exercise for a “city to use its zoning laws to prevent a religious school, church, synagogue, or mosque from moving into town.”
Yeah, until it's a mosque involved. Then it's discrimination.
hey have to get past their extraterritorial jurisdiction !!!
hey =they
I posted more links here than just to WND. I’ll include the other two, from One News Now and CBN, at the bottom. The secular media didn’t cover this latest development, apparently preferring to keep mum, but I saw several MSM articles going back a few years.
The school was also defended in court by a non-profit called First Liberty, presumably because they’ve seen it as a Constitutional rights case. At least one article makes the point that more than one location was considered and the town was determined not to have the school locate anywhere within its limits.
I haven’t yet, from the six or seven articles I’ve had time to read so far, gotten to the bottom of it myself, but I still lean towards believing the Christian school’s rights were violated. And if I’m not mistaken, there’s also the matter of the lower court ruling seeming to be overly broad in it decision against the school, and the Supreme Court allowing that decision to stand.
______________________________________
“[The city refused to let LCS move to the church] or, for that matter, anywhere else in town [despite the fact that] federal law expressly prohibits the government using zoning laws to keep religious institutions out of their town,” Sasser pointed out.
And when the Christian school discovered a last resort – that, too, was quashed by city officials.
“They found only one viable option – LCS entered into an agreement with Brighton Church of the Nazarene to lease one of its buildings to house the school,” First Liberty’s legal team recounted, according to WND. “[But this alternative was soon shot down, as the township board refused to let LCS relocate] anywhere within Genoa Township.”
______________________________________________________
Hiram Sasser, general counsel at First Liberty believes the Supreme Court’s decision not to review the case could set a precedent for other cities and towns officials.
“This is a deeply disappointing decision, not only because of what it means for our clients but because it will embolden other cities and towns across the country to keep religious organizations from contributing to their community,” Sasser said in a statement.
____________________________________________________
https://www.onenewsnow.com/legal-courts/2018/05/02/scotus-allows-christian-schools-banishment
https://firstliberty.org/cases/livingston-christian-schools/
Thanks for the explanation. Context is everything.
Because you would would have been thinking without your thinking cap on..............This was nothing more than a zoning issue, regardless of religion.
I’ll try to get to the 6th Circuit Court opinion, but I wonder if that’s maybe like reading a 9th Circuit Court opinion. Who’s to say they’re following the Constitution either when it comes to religious liberty.
I’ve read some articles on this case so far, and now I’m reading the appellant brief from the First Liberty Institute, a Texas group whose mission is to defend religious freedom. So far I see they have it documented that experts hired by the town said that the school would have little to no significant impact on traffic nearby (it’s a school of, I believe, less than 200 students), and that the town planning board recommended the school be approved.
I still have to read the rest of the brief, and the town’s brief, but both documents are on First Liberty’s web site.
Without reading them, it’s hard to say for sure that the school was wronged, but this isn’t a controversy that just arose the other day and someone went to WND about it.
A religious freedom organization took the case on several years ago and had kept the fight up. (And on the question of WND’s reporting, I posted links within the first few posts here to other sites that covered this similarly, too - One News Now (American Family Assn) and CBN.
It will be interesting to finish reading the two main court documents from the parties, and until I do, I wouldn’t say there’s nothing to be concerned about.
https://firstliberty.org/wp-content/uploads/2016/11/LCS-Appellant-Brief-File-Stamped_Livingston.pdf
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