by Jorge Gomez • 3 minutes
The U.S. Department of Justice (DOJ) recently filed a statement in federal court supporting our client, Anchor Stone Christian Church, a Chinese and Taiwanese-American congregation in Santa Ana, California.
The city isn’t allowing Anchor Stone to meet for worship at a property that the church purchased. The congregation is still gathering but doing so in a space that they have already outgrown. When the church applied for a conditional use permit to use an office space for their religious services, the city said, “No.”
First Liberty and the law firm O’Melveny & Myers sued in federal district court, arguing that the city is discriminating against Anchor Stone and breaking the law by treating the congregation harshly compared to other houses of worship and businesses in the area. In fact, there’s a church across the street from Anchor Stone that’s in the same zoning district. The city granted that church’s permit, and it has operated without issue for several years.
At a recent hearing, our legal team urged the court to issue a preliminary injunction to stop the city’s unlawful actions and issue an order allowing it to worship at its property. The DOJ joined our attorneys at the hearing to argue in favor of granting the preliminary injunction.
“It is indisputable that the city has severely burdened Anchor Stone’s ability to engage in religious exercise,” said Jeremy Dys, Senior Counsel for First Liberty. “Under federal law, the City of Santa Ana must treat religious land uses the same as any other. The city’s repeated efforts to prevent churches and religious institutions from engaging in their religious missions cannot continue.”
“It’s favoritism and discrimination when the city grants a permit to one church across the street from the location where Anchor Stone was denied,” said Timothy Durst, partner at O’Melveny & Myers. “The First Amendment and federal law protect the right of churches to operate free from unreasonable and intrusive government interference.”
The DOJ points out the city is enforcing zoning provisions that treat religious uses less favorably. The statement specifically notes the city is violating the federal Religious Land Use and Institutionalized Persons Act (RLUIPA).
“Zoning practices that unfairly limit assemblies by faith-based groups violate federal law,” said Acting U.S. Attorney for the Central District of California Joseph McNally. “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.”
Anchor Stone’s mission is to spread the Gospel in Santa Ana and throughout Orange County. Since it was opened in 2018, the church has grown from an in-home prayer group to a larger congregation of about 50 people needing additional space.
After the church found a suitable property, they received assurance from the city that there would be no obstacles. So, the church bought it. It was only after closing that the city rejected Anchor Stone’s application. Since the denial, the property has sat vacant for two years and the church has been unable to renovate or hold worship services in it. The church has suffered monetary damages totaling over $500,000.
Anchor Stone should not be subject to this type of discrimination. Preventing a house of worship from living out its religious mission betrays everything that religious freedom in America is about.
Criminalizing Compassion: Pastors and Churches Are Under Attack
There’s an alarming rise in attacks against houses of worship and pastors. City officials want churches to conform to their beliefs rather than live by their own. Because of this, pastors across the country are being attacked for living out their faith, ministering to their congregations and caring for the most vulnerable.
We need faithful Americans like you to come alongside these pastors so that they can continue to minister and serve their communities. These threats are very real and very dangerous—not to mention illegal and unconstitutional.
Please give to First Liberty today. Together, we can fight to protect the freedoms of churches, pastors and all people of faith across our country.
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