Stafford County, Blocking Religious Land Use, Virginia 2023

Stafford County, Virginia, is facing a lawsuit from the Justice Department over allegations that the county blocked the development of an Islamic cemetery.

The complaint, filed in the Eastern District of Virginia on [current date], alleges that the county passed an ordinance in 2016 that prohibited the All Muslim Association of America from developing an Islamic cemetery on a 29-acre parcel of land it owns. When the association bought the property, it complied with all of the state and local requirements for use as a cemetery. But after learning of the association's plans, the county amended its ordinance to require that cemeteries be no closer than 900 feet from private wells and certain types of streams, thus preventing the association from using its property as a cemetery.

The United States' complaint alleges that this requirement is far more restrictive than the Virginia Department of Health's 100-foot distancing standard, has no legitimate health justification, imposes a substantial burden on the association's religious exercise, and is not narrowly tailored to achieve a compelling governmental interest.

“The United States of America must and will remain a nation committed to the right of all people to practice their faith free from unjustified governmental restrictions,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Indeed, this nation exists to provide sanctuary to people seeking the religious freedom that is too often denied in other parts of the world, and the Department of Justice is committed to protecting the fundamental right of people of all faiths to practice their religion free from illegal governmental interference.”

The complaint seeks injunctive relief, including a court order that the county allow the association to build its cemetery in conformity with the prior ordinance.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA's provisions that protect the rights of houses of worship and other religious institutions to worship on their land.

Stafford County, Virginia, is accused of violating the Religious Land Use and Institutionalized Persons Act (RLUIPA) by enacting overly restrictive zoning regulations.

The case has significant implications for the religious freedom of faith communities across the country.

Defendant: Stafford County, Blocking Religious Land Use, Virginia 2023

Defendant: Stafford County

Crime: Violating the Religious Land Use and Institutionalized Persons Act (RLUIPA)

City and State: Stafford, Virginia

Exact Date: [current date]

Sentence or Outcome: Ongoing litigation

Source: https://www.justice.gov/archives/opa/pr/justice-department-files-lawsuit-against-stafford-county-virginia-over-blocking-islamic