By Allie Martin
August 17, 2001

(AgapePress) - A California church suing officials in one city for violating a new federal religious rights law was given a boost when the U.S. Department of Justice stepped in to defend the law's constitutionality.

As AgapePress reported earlier this summer, attorneys for the Pacific Justice Institute representing the Lake Elsinore Christian Center sued the City of Lake Elsinore, claiming the city violated the First Amendment Establishment Clause when it denied the church the right to use city property it had recently purchased.

As the nation's attorney, it is Attorney General John Ashcroft's job to defend federal laws. Thus, a Justice Department attorney from Washington, DC, made the trip to California for a recent hearing in the case.

At the center of the lawsuit is the Religious Land Use and Institutionalized Persons Act, which requires cities to demonstrate a compelling state interest for any substantial burden they place upon any church's usage of its property. It also prohibits selective discrimination against churches regarding zoning policies.

The City of Lake Elsinore believes the law is unconstitutional because it entangles government with religion.

But the Department of Justice disagrees. In its brief filed with California courts, DOJ attorneys refer to various Supreme Court cases in which justices clarify their relationship between government and religion.

'Unlevel Playing Field'
Meanwhile, a White House report shows that religious groups interested in taking part in federally-funded programs face unnecessary barriers.

The report titled "Unlevel Playing Field" argues that federal agencies take constitutional concerns about the separation of church and state too far.

The report says the feds have the ability under current law to allow involvement by religious organizations, yet often act as if they don't have that ability.

As an example, the report points to the Head Start centers and claims the centers shouldn't be forced to remove religious signs from walls.

Also, the report finds that housing regulations shouldn't bar organizations dubbed "primarily religious" from taking part in community development programs.

The report concludes that federal agencies have a widespread bias against religious groups, routinely rejecting them from government programs or requiring them to remove religious activity in order to get money.

The report was mandated by an executive order signed by President Bush during his second week of office.

© 2001 AgapePress all rights reserved.

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