If you are a municipality defending against a RLUIPA lawsuit, it is generally not a good sign when a court’s memorandum of decision begins with a string of biblical quotes. Wakulla County Florida experienced this earlier this summer. When granting a religious group’s motion for a preliminary injunction to operate a transition home, Judge Mark Walker opened his decision by writing:
“Lord, when did we see you hungry or thirsty or a stranger or needing clothes or sick or in prison and did not help you?” Matthew 25:44. To which the Lord replied, “Truly I tell you, whatever you did not do for one of the least of these, you did not do for me.” Id. 25:45. Scripture teaches that by serving those in need, particularly those shunned by society, one serves the Lord. See James 2:14-16 (“What good is it, my brothers and sisters, if someone claims to have faith but has no deeds? Can such faith save them? Suppose a brother or a sister is without clothes and daily food. If one of you says to them, ‘Go in peace; keep warm and well fed,’ but does nothing about their physical needs, what good is it?”).
The court went on to find that Wakulla County’s actions in prohibiting City Walk – Urban Mission Inc. (Urban Mission) from operating a transition home for three or more people, including registered sex offenders, violated RLUIPA’s substantial burden provision. Continue Reading