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272

Federal judge blocks Castle Rock from using code to stop church from providing temporary shelter to unhoused (www.denver7.com)

submitted 1 month ago* (last edited 1 month ago) by [email protected] to c/[email protected]

30 comments fedilink hide all child comments

A federal judge ruled that the Town of Castle Rock cannot enforce a land use code against The Rock evangelical church for providing temporary shelter for unhoused people on its property.

U.S. District Court Judge Daniel D. Domenico handed down the ruling on Friday. The decision granted the church a preliminary injunction.

The church sued Castle Rock earlier this year after it received a "letter of determination" from the zoning manager stating that the church was violating zoning regulations and that it couldn't park RVs used as residences on site.

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[–] [email protected] 42 points 1 month ago (1 children)

good church

signed, an atheist

[–] [email protected] 9 points 1 month ago (1 children)

I am with you. Every once in a while I have to admit that one here or there is doing good work.

[–] [email protected] 9 points 1 month ago

You can tell when a church is actually doing good work because right-wingers will try to stop them

[–] [email protected] 37 points 1 month ago (1 children)

This is the second time that the town of Castle Rock has taken the incorrect moral position.

[–] [email protected] 23 points 1 month ago* (last edited 1 month ago) (1 children)

Also poised to elect Boebert as their representative! Having an incorrect moral position counter at 2 seems way too low.

[–] [email protected] 8 points 1 month ago (1 children)

Oh, shit, I didn't realize that she was the rep for Castle Rock. I'm sorry.

[–] [email protected] 9 points 1 month ago

She's not currently. She was in a mountain district to the west but they moved her to the Douglas county district south of Denver that's even more red. I'm happy to be able to vote against her this year!

[–] [email protected] 9 points 1 month ago

unhoused

We did it! We've solved the homeless crisis!

[–] [email protected] 45 points 1 month ago (3 children)

If I know anything about towns named Castle Rock, that church is probably all vampires.

[–] [email protected] 4 points 1 month ago

I think Stephen King's Castle Rock is in Maine though.

[–] [email protected] 10 points 1 month ago

As someone with a wall full of S.K. novels, I appreciate this reference.

[–] [email protected] 9 points 1 month ago (2 children)

I'm not sure why people are downvoting you on this comment. I got the Stephen King reference too.

[–] [email protected] 0 points 1 month ago

Probably because reference jokes don't add anything useful to the discussion.

[–] [email protected] 8 points 1 month ago (1 children)

Maybe they think I'm insulting religion? I don't know.

[–] [email protected] 8 points 1 month ago (1 children)

You’re not?! Let me change that to a downvote.

[–] [email protected] 8 points 1 month ago (1 children)

Does it help that Stephen King has called religion a dangerous tool?

https://www.theguardian.com/books/2014/oct/29/stephen-king-religion-dangerous-god-exists

[–] [email protected] 7 points 1 month ago

Don’t try to confuse me with your FACTS and LOGIC!

[+] [email protected] -41 points 1 month ago (6 children)

Ridiculous. Churches pay no tax and act like they are above the law. This needs to change.

[–] [email protected] 1 points 1 month ago

I think the Federal Court just decided the town of Castle Rock thought itself above the law, not the church.

[–] [email protected] 13 points 1 month ago

I mean the whole point of giving churches a tax break is that they're supposed to provide value to the community that is greater than any taxes could be. Most churches don't, though, and instead are a drain on the communities instead. At least this one is doing what they're suppose to do with those tax breaks.

And this is probably the only time I've had reason to defend an evangelical church, ever.

[–] [email protected] 26 points 1 month ago

This is one of the few instances I'm in favor of a church breaking the law. That law is unjust anyway and Jesus in the new testament consistently preaches that we should care for the sick, the needy and the homeless.

[–] [email protected] 22 points 1 month ago

This church is trying to provide houses for homeless people. Christianity started out being pretty unpopular with the law but that hasn't stopped them because laws don't define morality. I suppose if you don't want the church housing the homeless you can always invite them to your house.

[–] [email protected] 35 points 1 month ago (1 children)

How is this church acting like it is above the law in this specific instance?

It used the legal system to get a preliminary injunction against the enforcement of town land use code. Seems like it followed the law and the process is playing out as intended.

[–] [email protected] -4 points 1 month ago (1 children)

The town's land use code IS the law! This activity isn't permitted. Bring the homeless into the church, don't turn it into a trailer park.

This court just granted the church an injunction preventing enforcement of the law. Although this is America 2024, laws don't seem to matter anymore.

[–] [email protected] 2 points 1 month ago* (last edited 1 month ago) (1 children)

Can’t argue with that understanding of the US legal system.

Court's Decision

[–] [email protected] 0 points 1 month ago (1 children)

The Church has carried its burden on this question. As the Tenth Circuit has noted, a substantial burden exists for the purposes of RLUIPA where the government “prevents participation in conduct mo- tivated by a sincerely held religious belief.” Sebelius, 723 F.3d at 1138 (10th Cir. 2013). Although the Town alludes to a bit of a disconnect between the Church’s assertion that it is compelled to allow the poor to “live among you” and its desire to have people live in RVs on Church grounds rather than in homes and residential areas where Church mem- bers live, it does not ultimately dispute the sincerity of the Church’s assertions on this point, which are supported by sworn affidavits. See Doc. 8–4 at 24, 38. And while the Town may eventually show that the Church’s beliefs are not in fact sincere or that there is a non-religious motivation behind the desire to allow people to live on Church property, it has not done so at this point. See Grace United Methodist Church, 451F.3d at 648 (“The jury found that Grace United had failed to prove the proposed operation of the daycare center was a sincere exercise of religion under RLUIPA.”).

To me, live among you means in the church, not an RV on the outer perimeter of the church lawn, 400 feet from the property line.

I also take issue with the use of the RLUIPA to argue that churches can essentially do whatever they want as long as it's a sincerely held religious belief. That is as absurd as Kanye West claiming he should pay no tax because his album is preaching and he's actually operating a church rather than just being an asshole.

I'd like to see RLUIPA amended.

[–] [email protected] 1 points 1 month ago* (last edited 1 month ago) (1 children)

So you are admitting there is a conflict between two laws that needs to be reconciled.

I propose creating a system… we could call it the “law conflict figuring out process or “LCFOP” for short. It would be a perfect place for people to voice thoughts that come after phrases like “To me a law means…”

It’s a crazy idea I know.

Edit: Also, this last comment you made at least digs into the substance of the issue in a way your initial reactionary comment does not. Thank you for adding to the conversation about the rights use of religion as a Trojan Horse for conservative legal positions.

[–] [email protected] 1 points 1 month ago

I didn't know about the RLUIPA until I read the doc, so I didn't realize there was even a conflict. I thought this was pure judicial activism.

[–] [email protected] 71 points 1 month ago (1 children)

I’m in agreement that churches need scrutiny, a lot more. But here is a church standing up for actual, biblically authorized Christian activity?

[–] [email protected] 26 points 1 month ago

And more importantly, activity that helps people in need instead of upholding archaic, patriarchal, and homophobic beliefs