The Home-Based Church Operates on 5-Acre Private Property in New Hampshire
In a significant move defending religious liberty, the U.S. Department of Justice has filed a statement of interest in a case involving a small Christian church facing fines from a New Hampshire town over alleged zoning violations. The case, Grace New England v. Town of Weare, raises questions about whether local governments are treating religious groups fairly under the law.
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The case centers on a home-based church operating on a five-acre property in Weare, New Hampshire. According to the church and its pastor, the town had no issue with secular events or gatherings on the property, but once religious services began, officials demanded a formal site plan review—a process prohibited by state law for religious uses. The town also threatened the church with fines.
In its filing, the Justice Department made clear that the church’s legal claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) are valid and ready to be heard in federal court. The department challenged the town’s motion for summary judgment, which argued that the case was premature.
“RLUIPA protects the freedom of religious groups to worship without undue government interference,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “When localities threaten fines against religious groups to force them to undertake unnecessary land use review, RLUIPA offers them an avenue for relief through the courts.”
The church argues that the town’s actions create a substantial burden on its religious exercise and reflect discriminatory treatment when compared to similar secular activities. The Justice Department’s support adds federal weight to these claims.
RLUIPA, passed in 2000, is designed to prevent local governments from using zoning and land use regulations to discriminate against or unduly burden religious institutions. The law has been a critical protection for small and minority faith communities facing opposition from municipalities.
This case is part of the Justice Department’s ongoing “Place to Worship Initiative,” which seeks to uphold religious freedom in land use decisions across the country.
