Trump DOJ backs church suing California city over zoning restriction

The U.S. Department of Justice (DOJ) has filed statement of interest in the case of a church that is suing a California city for what it says is a discriminatory zoning law that disfavors religious entities.

The Christian Post reports that DOJ attorneys intervened by filing the statement last Friday in U.S. District Court for the Central District of California, Southern Division in the case of Anchor Stone Christian Church v. City of SantaAna.

The Trump administration claims that Santa Ana zoning law gives secular assemblies more favorable treatment than religious ones in violation of the Religious Land Use and Institutionalized Persons Act of 2000.

The church is suing the City of Santa Ana over section§ 41-313 of the city’s zone code which requires churches operating in a so-called “professional district” to first get a conditional use permit.

Obtaining such a permit, according to the church, can be “an expensive, lengthy and discretionary review process,” that is not required of entities like museums and art galleries.

According to the Christian Post, Acting U.S. Attorney Joseph McNally for the Central District of California released a statement on Monday saying, “Zoning practices that unfairly limit assemblies by faith-based groups violate federal law.”

McNally added, “Municipalities cannot create zoning districts that treat houses of worship worse than comparable secular assemblies. The Justice Department will vigorously protect the right of religious institutions to receive equal treatment under the law.”

City officials have responded and stated that they are “aware that the Department of Justice has filed a Statement of Interest in the Anchor Stone Church lawsuit” and say they are “reviewing the statement.”

Anchor Stone Christian Church, which is made up of mostly Americans of Chinese and Taiwanese descent, applied for a permit in July 2023 to move into a 99-seat building in Santa Ana’s professional district.

In September of that year, the city’s planning commission recommended that the church’s permit be rejected and the Santa Ana City Council later voted to affirm that recommendation.

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