Federal Limitations On Local Regulation of Religious Institutions

President Clinton signed into law S.2869, the "Religious Land Use and Institutionalized Persons Act of 2000." The new law, which applies to local governments, states that "no government shall impose or implement land use regulations in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution" unless the government can show a compelling interest and use of the "least restrictive means" to further that interest. Whether the new law will protect religious institutions from local land use regulations to a greater extent than does the state constitution remains to be seen. See Open Door Baptist v. Clark County, 140 Wn.2d 143, 995 P.2d 33 (2000)