The Religious Freedom Restoration Act (“RFRA”) was overturned by the Supreme Court in City of Boerne v. Flores, 521 U.S. 507 (1997) as it failed the congruence and proportionality test and was thus overreach from the legislative branch into the exclusive turf of the judiciary. So under Boerne, it only applies to the federal government — not the states and local governments, like the Village of Rockville Centre.
I have a few problems with this letter. First, it’s not clear to the reader what relief the “lady” is looking for. Does she want to ban all houses of worship in residential areas, Christian, Jewish and otherwise? That’s what the opening paragraph says. Or does she basically want to ban house minyanim? That’s what the rest of the letter implies. If it’s the former, she has no shot. If it’s the latter, that’s a different story. Im not saying that any zoning change that would have the effect of ending house minyanim would pass Constitutional muster. I am saying that someone might try it.
Second, was the “lady” Jewish but not Orthodox? If so, her attitude is not anti-Semitic but anti-Orthodox. There’s a big difference.
Third, the phrase is “pray tell” not “prey tell”. If you’re writing to a municipality on the letterhead of an attorney, please have someone proofread the document.
The Religious Freedom Restoration Act (“RFRA”) was overturned by the Supreme Court in City of Boerne v. Flores, 521 U.S. 507 (1997) as it failed the congruence and proportionality test and was thus overreach from the legislative branch into the exclusive turf of the judiciary. So under Boerne, it only applies to the federal government — not the states and local governments, like the Village of Rockville Centre.
I have a few problems with this letter. First, it’s not clear to the reader what relief the “lady” is looking for. Does she want to ban all houses of worship in residential areas, Christian, Jewish and otherwise? That’s what the opening paragraph says. Or does she basically want to ban house minyanim? That’s what the rest of the letter implies. If it’s the former, she has no shot. If it’s the latter, that’s a different story. Im not saying that any zoning change that would have the effect of ending house minyanim would pass Constitutional muster. I am saying that someone might try it.
Second, was the “lady” Jewish but not Orthodox? If so, her attitude is not anti-Semitic but anti-Orthodox. There’s a big difference.
Third, the phrase is “pray tell” not “prey tell”. If you’re writing to a municipality on the letterhead of an attorney, please have someone proofread the document.
It’s call Read lining. Against the Law! Sue her.