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Justice Department Sued for Mosque Ban, New York 2024

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Justice Sued for Mosque Ban

Rutherford County, Tenn., is facing a federal lawsuit after allegedly violating the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) by refusing to issue a certificate of occupancy to the Islamic Center of Murfreesboro for a newly constructed mosque.

The lawsuit, filed in U.S. District Court for the Middle District of Tennessee, claims the county’s refusal came as a result of a recent state chancery court order that enjoined the county from processing or issuing a certificate due to insufficient public notice prior to the hearing at which the county approved the mosque’s site-plan.

According to the Justice Department, the chancery court imposed a heightened notice requirement on the mosque that is not imposed on other religious or secular organizations. The government’s complaint seeks a court order requiring the county to act promptly on the Islamic Center’s application for a certificate of occupancy despite the chancery court’s injunction.

“Our nation was founded on bedrock principles of religious liberty. The United States will continue to vigorously enforce civil rights laws that protect religious freedom,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “When a faith community follows the rules, as the Islamic Center of Murfreesboro has done in seeking to construct its place of worship, it is impermissible to change the rules in a discriminatory way that prevents people of faith from exercising their fundamental right to worship.”

The case began when the Islamic Center, which has been operating in Rutherford County since 1982, sought to construct a new mosque for its growing congregation. In 2009, it purchased land for that purpose on Veals Road in Rutherford County and, in compliance with the county’s zoning regulation, subsequently applied for site-plan approval.

RLUIPA prohibits religious discrimination in land use and zoning decisions. Persons who believe that they have been subjected to religious discrimination in land use or zoning may contact the Housing and Civil Enforcement Section of the Justice Department’s Civil Rights Division at 1-800-896-7743. Additional information about the Justice Department’s efforts to combat religious discrimination may be found at www.justice.gov/crt/spec_topics/religiousdiscrimination/.

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