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Mike, You're filling in a lot of background information of which I wasn't aware ... And I'm getting a very different reading though from than background than you are. It seems to me that if the Third Church case didn't exist, it would have to have been created to save the preservationist movement. It sounds like RLUIPA has created an unstable/uncertain environment ... as evidenced by the Washington State case you reference. Our federal appeals system isn't so much designed to come up with ensuring that the Consitution "prevails" (since what "prevails" means is very, very subjective), but rather that the battle of ideas from the several states battle itself out ... and that a resultant nation-wide law come about. Because of the Washington state case you site, it's important now that RLUIPA be reviewed in regards to the rest of our laws. It has to be put into context ... and entirely struck down if it cannot be made to work with existing law. It is highly unlikely that it would trump existing law ... at least in my opinion. There just isn't the popular or politcal will for that to happen. And I think that is were we may respectfully, and cordially, disagree.

by Lance on Apr 12, 2009 1:07 pm • link • report

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