The Texas state supreme court
ruled unanimously on Friday that a town which had altered its zoning to ban two church-sponsored halfway houses in a residential neighborhood was in violation of the Texas Religious Freedom Restoration Act.
That act, which was passed in 1999 and endorsed by then-Governor George W. Bush, affords greater legal protection to religious operations than to equivalent secular operations.
Under its provisions, cities have to prove that zoning regulations — like the one passed by the town of Sinton to ban jails and rehabs within 1000 feet of a home, school, or church — further a “compelling” interest, such as protecting public safety, and do not place a “substantial burden” on the free exercise of religion.
Town officials asserted that the zoning regulations placed no restrictions on worship or the practice of religion and were merely intended to protect the safety of residents. This position was upheld at the local and appeals court levels.
-Article continued off site. courtesy Rawstory.