The Justice Department has filed a lawsuit against a Virginia county that allegedly violated the constitutional rights of a Muslim organization when the county invoked zoning regulations that prevented the organization from building an Islamic cemetery, a statement released Friday said.
Stafford County, Virginia is being accused of violating the Religious Land Use and Institutionalized Persons Act (RLUIPA) when the county enacted zoning regulations after learning that the All Muslim Association of America, a non-profit, would be using the property it purchased to build an Islamic cemetery, according to the Justice Department.
The RLUIPA protects religious institutions and individuals from being discriminated against in zoning and land marking laws. The law prohibits these types of regulations that substantially burden the religious exercise of houses of worship in most scenarios. (RELATED: Senate Confirms Trump-Appointed Judge Who Delivered Fiery Religious Freedom Ruling To Appeals Court)
Muslim Americans take part in Friday prayers at the Dar Al Hijrah Islamic Center March 15, 2019 in Falls Church, Virginia. 49 people were killed in a terror attack at a mosque in Christchurch, New Zealand. (Photo by Win McNamee/Getty Images)
“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. 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,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.
The Muslim Association of America had allegedly complied with all state and local requirements to build a cemetery, but upon learning the group’s plans, the county changed its ordinance and prohibited cemeteries from being closer than 900 feet from private wells and some streams, a standard which the Justice Department said is more restrictive than the state’s 100-foot standard.
The U.S. is seeking injunctive relief for the Muslim organization which would order Stafford County to allow the cemetery to be built in accordance to the state’s regulations, which doesn’t impose a substantial burden on religious exercise.
The Justice Department has been cracking down on violations of religious freedom by state and local governments, launching its “Place to Worship” initiative in 2018 to increase awareness of the rights of religious institutions under the law.
Prior to the Muslim Association of America case, the Department had fought local regulations that prevented construction of churches in several states as well as a town in Texas that had denied an application for an Islamic cemetery.
“Honoring and burying the dead is a sacred religious act for many faith traditions,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia.
“The complaint that was filed in this case demonstrates this office’s commitment to ensuring that those of all faiths are not substantially burdened by improper local government actions in practicing their religious rituals.”