Hobby Lobby as a Land Use Case: Charting For-Profit RLUIPA Claims

Abstract

Hobby Lobby has provoked much discussion. However, scarce attention has been given to its potential impact on RLUIPA litigation, particularly, the novel possibility of for-profit corporations asserting claims under this statute. There is little reason to suppose that Justice Alito’s opinion on the scope of RFRA would not similarly apply to RLUIPA. Therefore, closely-held businesses, from big-box franchises to mom-and-pop shops, may be able to invoke federal protection against zoning decisions that burden their owner’s religious exercise. How this complicates the balance of American federalism — by increasing federal interference with traditional state prerogatives over zoning, yet also generating new dialogue on the scope of individual rights — should be discussed and revealed in time.

Keywords: Hobby Lobby, RLUIPA, RFRA, Religion, Religious Exercise, Land Use, Zoning, Religious Liberty

JEL Classification: K19, K29, R52