The U.S. Department of Justice has intervened on behalf of a church that is suing a California city over what it claims is a discriminatory zoning law that disfavors religious entities.
The department attorneys filed a statement of interest last Friday in the case of Anchor Stone Christian Church v. City of SantaAna before the U.S. District Court for the Central District of California, Southern Division.
The Trump administration argued that Santa Ana’s zoning law violated the federal Religious Land Use and Institutionalized Persons Act of 2000, claiming that it treated secular assemblies more favorably than religious ones.
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At issue is section§ 41-313 of the city’s zoning code, which prohibits churches from operating in a “professional district” without getting a conditional use permit via “an expensive, lengthy and discretionary review process,” while entities like museums and art galleries were not required to do so.
“Zoning practices that unfairly limit assemblies by faith-based groups violate federal law,” said Acting U.S. Attorney Joseph McNally for the Central District of California in a statement issued Monday.
“Municipalities cannot create zoning districts that treat houses of worship worse than comparable secular assemblies. The Justice Department will vigorously protect the right of religious institutions to receive equal treatment under the law.”
In response, city officials stated they are “aware that the Department of Justice has filed a Statement of Interest in the Anchor Stone Church lawsuit” and are “reviewing the statement.”
A small congregation mostly made up of Americans of Chinese and Taiwanese descent, Anchor Stone Christian Church applied for a permit in July 2023 to move into a 99-seat building in Santa Ana’s professional district.
That September, the city’s Planning Commission recommended that the church’s permit be rejected, with the City Council voting to affirm this recommendation.
Last month, the First Liberty Institute and the law firm O’Melveny & Myers LLP filed a lawsuit against the city on behalf of the church, arguing that the city is in violation of RLUIPA.
“The City violated RLUIPA’s substantial burden provision by denying Anchor Stone’s CUP application, imposing a substantial burden on its religious exercise without meeting the requirements of strict scrutiny,” the suit alleged.
“Anchor Stone Christian Church has been unable to gather each week at its Property for corporate worship because of the City’s actions. As a result, tithing revenue has dropped and membership has plateaued.”
Earlier this month, the DOJ filed a statement of interest on behalf of The Hope Rising Community Church, which is suing a Pennsylvania borough for rejecting an application to purchase property in a neighborhood.
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