From June 2003

The first major test of the Religious Land Use and Institutionalized Persons Act has ended in defeat for a Cheyenne, Wyoming church that sought to obtain a zoning variance to build a day-care center in the midst of a residential neighborhood.

Grace United Methodist Church argued that its rights as a religious organization superseded neighborhood covenants designed to preserve the integrity of low-density, residential areas. In April 2001, the Cheyenne Board of Adjustment denied the church's demand for a zoning variance. The church sued, citing the federal Religious Land Use and Institutionalized Persons Act.

That legislation was passed two years ago by Congress, and required all government agencies to use a cumbersome "compelling interest" test when dealing with religious groups. The bill--which enjoyed unanimous bipartisan support--was designed to give churches and other houses of worship a substantial legal advantage when issues involving real estate and zoning were concerned. In the Wyoming case, this meant that Cheyenne had to demonstrate that it had a "compelling interest" in denying the request from Grace United Methodist Church, and clearly show that the in turning down the proposed variance, government was not violating religious exercise.

The church argued that the city zoning laws, in effect, violated its freedoms of religion, assembly, speech and association. The city responded that it was not in favor of selectively changing zoning regulations to suit the whims of churches or other groups--so-called "spot zoning." And during the trial, a city engineer testified that permitting construction of the proposed day care center would increase traffic in the residential neighborhood by "more than 150 percent," and result in added pollution and safety hazards from vehicles.


"It's a quite residential neighborhood," said engineer Nathan Beauheim. "We have residential streets handling residential traffic, which is what we want."

How did religion get involved in this case? Aside from the fact that the day care facility was to be operated by Grace United Methodist Church, clerics said that they intended to use the center for religious instruction. According to an Associated Press report appearing in the Sunday, June 15, 2003 edition of the Casper Star-Tribune newspaper, however, the "religion card" was played only after the church learned that it would likely be denied the variance.

U.S. District Court Judge Clarence Brimmer said that the city did not violate the religious rights of Grace United Methodist Church in turning down the application for a variance.

"To grant Grace United a special variance ... would be to give Grace United (and theoretically all religious organizations' special treatment by Cheyenne based solely on the basis of its 'religious beliefs' concerning the religious education of children ... That Grace United is required to comply with Cheyenne's zoning regulations ... does not violate its rights. (It) is not seeking to be treated like similarly situated institutions in Cheyenne; rather it is seeking preferential treatment."

Following the verdict, pastor Jon Laughlin said that GUMC would not consider building on an alternative site. There is no word of any appeal.