North Carolina County's Zoning Denial Exposes Quiet War on Religious Freedom

A church’s zoning battle in North Carolina exposes systemic bias in land use laws, sparking a fight for religious equity and fair treatment under federal law.

North Carolina County's Zoning Denial Exposes Quiet War on Religious Freedom FactArrow

Published: April 22, 2025

Written by Matilda Morgan

A Church’s Struggle in Chatham County

In the heart of North Carolina, Summit Church, a growing Christian congregation, dreamed of a new sanctuary to serve its expanding flock. For years, they gathered in a high school auditorium, their hymns echoing through borrowed halls. But their vision for a permanent home collided with a harsh reality: the Chatham County Board of Commissioners denied their rezoning request, leaving the church stranded. This isn’t just a local squabble over land use; it’s a glaring example of how zoning laws can quietly undermine religious freedom, particularly when wielded with bias.

The church’s plight, now backed by a Justice Department statement of interest, underscores a broader struggle. Summit Church alleges that the county’s refusal to rezone land for their worship space violates the Religious Land Use and Institutionalized Persons Act, a federal law designed to shield religious groups from discriminatory land use practices. The county’s decision, the church argues, treats them worse than secular groups like community centers or theaters, which often sail through similar zoning processes. This case exposes a troubling pattern: local governments using zoning authority to sideline religious institutions, often under the guise of neutral regulations.

What makes this case particularly galling is the county’s defense. They claim their zoning decision is a 'legislative act,' somehow exempt from federal oversight. This argument feels like a dodge, a way to cloak discriminatory practices in bureaucratic jargon. Summit Church isn’t asking for special favors; they’re demanding equal treatment, a principle at the core of fair governance. Yet, the county’s resistance suggests a deeper reluctance to accommodate religious diversity, a stance that clashes with the values of inclusion and equity.

This isn’t an isolated incident. Across the country, religious groups, especially minority faiths and growing congregations, face similar roadblocks. From Muslim communities seeking mosques to Orthodox Jewish groups building synagogues, the pattern is clear: zoning boards often prioritize local aesthetics or economic goals over the fundamental right to worship. Summit Church’s fight is a microcosm of a larger battle for religious equity, one that demands our attention and action.

The Law That Levels the Playing Field

The Religious Land Use and Institutionalized Persons Act, passed in 2000, was a landmark victory for religious freedom. Born out of evidence that local governments were using zoning laws to exclude or burden religious groups, particularly minority faiths, the law sets a high bar for fairness. It demands that zoning regulations treat religious institutions at least as well as secular ones and forbids rules that impose a 'substantial burden' on religious practice without a compelling reason. Summit Church’s case tests whether this law can hold local authorities accountable.

The Justice Department’s involvement signals the stakes. By filing a statement of interest, federal officials are reinforcing that Chatham County’s actions may violate this critical law. The department’s track record shows a commitment to rooting out zoning discrimination, with over 155 investigations and nearly 30 lawsuits since the law’s enactment. Their focus often falls on cases where minority groups or growing congregations, like Summit Church, face unequal treatment. This isn’t federal overreach; it’s a necessary check on local power that too often bends to prejudice or parochial interests.

Yet, the law’s promise isn’t fully realized. Courts sometimes disagree on what counts as a 'substantial burden,' creating uncertainty for religious groups navigating a patchwork of legal standards. Some judges demand proof of near-total exclusion from a community, while others recognize subtler barriers, like excessive delays or unfair conditions. This inconsistency lets some municipalities skirt accountability, dragging out disputes and draining resources from congregations that can least afford it. Summit Church, for instance, faces not just a denied permit but the prospect of costly litigation to secure their rights.

Opponents of strong enforcement, often local officials or neighborhood groups, argue that zoning laws protect community character or property values. But these claims often mask discomfort with religious diversity or change. When a theater or gym can open in a zone where a church or mosque cannot, the excuse of 'community standards' rings hollow. The data backs this up: studies show minority faiths, like Muslim or Sikh communities, face disproportionate zoning denials, suggesting bias rather than neutral planning. Summit Church’s case, while involving a Christian group, highlights the same inequity.

A Call for Equity Over Exclusion

The fight in Chatham County isn’t just about one church; it’s about the kind of society we want to build. Religious freedom isn’t a privilege to be granted at the whim of local officials; it’s a right that demands equal protection. When zoning boards deny permits to religious groups while approving secular ones, they erode the pluralistic fabric of our communities. Summit Church’s struggle reflects a broader truth: too many local governments use zoning as a tool to exclude, whether driven by bias, fear of change, or misplaced priorities.

The Justice Department’s intervention offers hope, but it’s not enough. Municipalities need clearer guidance and stronger incentives to comply with federal law. The Place to Worship Initiative, launched in 2018, has raised awareness, but many local officials still plead ignorance of their obligations. This isn’t a new issue; for decades, religious groups have faced zoning barriers, from Catholic churches in the 19th century to mosques in the 21st. The persistence of these disputes signals a failure to fully embrace the inclusive vision that the law envisions.

Skeptics might argue that local governments deserve deference in managing their land use. But when those decisions trample on fundamental rights, deference becomes complicity. Chatham County’s refusal to rezone for Summit Church isn’t about preserving a quaint neighborhood; it’s about prioritizing certain interests over a congregation’s right to worship. The county’s claim of legislative immunity only deepens the injustice, suggesting they can act with impunity. This stance undermines trust in governance and fuels division.

The path forward requires bold action. Courts must consistently uphold the law’s protections, ensuring that 'substantial burden' isn’t a loophole for discrimination. Federal and state leaders should expand outreach and training, equipping local officials to navigate these issues fairly. Most importantly, communities must confront the biases that creep into zoning decisions, whether against growing churches, minority faiths, or unfamiliar traditions. Equity in zoning isn’t just a legal mandate; it’s a moral one.

Building a Future for All Faiths

Summit Church’s battle in North Carolina is a clarion call. It reminds us that religious freedom, a cornerstone of our democracy, is only as strong as our willingness to defend it. The Justice Department’s support is a step toward justice, but the broader fight demands sustained vigilance. Every time a zoning board denies a permit or imposes unfair conditions, it chips away at the promise of equal treatment. We cannot let bureaucratic inertia or hidden biases dictate who gets to worship and where.

As this case unfolds, it’s a chance to reaffirm our commitment to a society where all faiths can thrive. Summit Church, like countless others before it, isn’t asking for a handout; they’re asking for fairness. Their fight deserves our support, not just for their sake but for the principle that no one should face roadblocks to practicing their faith. Let’s demand that Chatham County, and every community, honors that principle with actions, not just words.