The American Center for Law and Justice has filed a federal lawsuit against Fairfax County on behalf of the McLean Bible Church. The suit challenges a finding that the county zoning code prohibited Bible study and religious ministry classes at the church because the church did not include them as part of its special use permit issued in 1999!! If the church wanted to conduct study classes, the county said, it must qualify as a college or university… Or, so says the ACLJ’s version of the story in a press release issued today.
“Like any other house of worship in the country, an integral part of the church’s ministry is a study of the Bible, and the writings and beliefs sacred to its religion,” said Jay Sekulow, Chief Counsel of the ACLJ. “When Fairfax County approved the church’s use permit there was no issue that religious education, which had already taken place at the church since the 1980s, was a central aspect of its mission.”
The suit asserts that Fairfax County’s actions violated the church’s constitutional rights to religious free exercise, freedom of speech and association, and equal protection.
In 2001, the church entered into an agreement with Capitol Bible Seminary to administer some aspects of its Bible study and religious ministry classes. The church does not issue any academic credit, nor does it attempt to confer any academic degrees. However, because CBS may award credit for classes held at the church, the county maintains that the church must obtain qualification as a college or university in order for classes to continue.
In response, the ACLJ contends, the church is a house of worship and has no desire to be officially recognized as a college or university. Said Sekulow: “When the government acts to ban religious activity through zoning or land use regulations, the … law requires it to show it has a compelling, overriding interest supporting its action. Fairfax County has made no such showing.”
[Concluding paragraph deleted. Author’s explanation can be read in the comments.]
