The ACLU of Michigan says the city of Ferndale will be violating the rights of a church if they deny them permission to feed and house the homeless under local zoning regulations. They’ve sent a letter to the city urging the zoning board to approve a permit allowing the church to operate a homeless shelter on church grounds.
According to a press release from the ACLU, the First Baptist Church of Ferndale has already agreed to limitations on their plans, including no overnight stays at the church. The city had initially agreed to allow the church to provide social services to the homeless under those restrictions, but are currently reconsidering that agreement after complaints from neighbors of the church.
The ACLU says that if the city does not allow the church to serve the poor, that will be a violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA), which grants exemptions from zoning regulations that pose a “substantial burden” to the free exercise of religion unless the government can show that they have a compelling interest that can only be served by the restrictions in question.
“The First Baptist Church’s desire to use its facilities for charitable services to the homeless and underprivileged is an extension of its religious mission and its deeply held beliefs,” said Michael J. Steinberg, ACLU of Michigan Legal Director. “To interfere with the First Baptist Church’s religious duty, is to deny the church’s fundamental right to freedom of religion.”