Here is my assessment as to why RLUIPA ultimately can not stand as law in this nation.
1. RLUIPA creates a "two tiered" class of citizens in this country as it pertains to Land Use Law. The two classes are as follows:
A. Businesses and Private Citizens who must follow local zoning laws and pay taxes.
B. Churches who are essentially Immune from local zoning laws and do not have to pay taxes.
2. As I have learned, any person or business can become a "Church" so long as they fullfill the following requirements:
A. The President of the Organization must be an Ordained Minister. (That took me less than an hour on the internet. To amplify on my Ordination, I became a PHd in divinity within that same 1 hour interval of time).
B. You must obtain a treasurer for your Church (your spouse is a good choice according to my lawyer).
C. You must obtain a 501(C)3 legal non-profit status. This costs less than $1000.00. It will be well worth the expenditure.
3. No government can dictate the religious beliefs of a "Church." That means that you can find G-d in the molecules of the products that you manufacture (read more about this by researching Howard Hughs and his business empire). Another example is that you do not even need to worship G-d at all. You could form a Country Club and worship Golf Balls (as some of us are inclined to do according to our wives!)
4. Survival as a basic instinct works. If RLUIPA renders all individuals and businesses into this "second rate" category, then they will do whatever is required to survive. Survival means "if ya can't beat em, join em."
5. That means that if RLUIPA stands as a Federal law, everyone and every business (unless they are dim-witted) will form their own church.
6. If that occurs, then the entire system of local taxation and zoning collapses upon itself. We will all be not only tax exempt, but chaos will prevail since we will all be able to pretty much do whatever we like with our property under RLUIPA.
So, you folks who keep saying to us in RT, please stop. RLUIPA is not the final law until it is tested in the courts. The simple logic that I presented here (and some other legal theories as well) is exactly why this law will be overturned ultimately.
ps. Anyone in town wanting to form their own church, give me a call at 973-316-5772. I will give you the details regarding the "process" and my lawyers telephone number who has experience with this sort of endeavor.
Craig, that's a nice little loophole to take care of our tax problems. This is the repost of one of my old posts.
Rockaway Township Residents – I think we have all overlooked something here. Evidently we can all start our own churches and not have to worry about the$60 per household tax increase per household. In fact, that will effectively solve my tax problem. At the present time, I am in the process of building an alter in my living room (which I have renamed the sanctuary).
We’ve already started tithing our children’s allowance. So what if everything they have is given to them, I might as well take my share too.
We have renamed the master bedroom the fellowship hall, now, we have nightly meetings there and will not allow anyone to use any of our other facilities while meetings are taking place.
In fact, just last night I was meditating in the Chapel (formerly the bathroom) and I felt a sudden rush through me. God had cleansed my soul. I knew for sure that this was the true answer to all of our problems.
That is a great satire on that which is a very real possibility. However, there is a little more to it than that. If you want to make your home into a sanctuary (since I am in the middle of all this just to make a point) you will have to seperate your living quarters from your sanctuary. You will best be served, according to my lawyer, to construct a very small "Outbuilding" having the basics including a small kitchen, a bathroom and one bedroom. Then you call that small "Outbuilding" your "home". That is what you will be taxed on. The existing structure which is your present living quarters becomes your "sanctuary". That is not subject to taxes nor zoning regulations under RLUIPA. All religious activities and ancillary uses take place in the sancutary building.
What if a bunch of folks do this in town? I am seriously considering it - you have a point Craig - if you can't beat them, join them. Our infrusturcture would collapse.
This alone should be enough to merit a court hearing in need be. If not, I will be in contact Craig - $1000 start up? Saves me anothe $6000 a reay from now until eternity. I wonder if I can worhship the holy hop plant as part of my new found religious awakening...
You can declare your "diety" to be whatever you want it to be. Nobody has the right to challenge it. If it be Hops, (speaking as an Ordained Minister with a PHd in Divinity) I recommend prayer in your sanctuary several times per day. A little red wine is alway good too.
