We’re back live in the Dean Alexander Moot Court Room for the third panel of the Albany Government Law Review’s Symposium – God and the Land.1 The final panel of the day focused on the constitutional issues surrounding RLUIPA and the interaction of land use and religion.2 Four speakers made up the third panel, land use attorney Wendie L. Kellington,3 the former chief referee of Former Chief Referee for Oregon Land Use Board of Appeals and presently a member of the faculty at Puget Sound Law School. Elizabeth Reilly,4 dean of the University of Akron School of Law, is our second speaker. Following Ms. Reilly was Leslie Griffin,5 Larry and Joanne Doherty Chair of Legal Ethics at U of Houston Law Center. Last to speak was Frederick Gedicks,6 Guy Anderson Chair at the Bingham Young School of Law.
Wendie Kellington began her discussion with an examination of how discrimination in land use proceedings is rarely overt. Providing a historical background, Ms. Kellington argued that the revolutionary passions that made up the world of eighteenth century America were key to the development of the free exercise clause. She argued that during the revolution, American colonists wanted to overthrow all hereditary forms of government, create a government of laws and not of men, and develop a republican system of government that could protect the governed and grow with time. She stated that the key to the free exercise clause’s development relied on this revolutionary spirit, and that in today’s society, where the passionate struggle for revolution in government is long over, American society lacks the tenacity it once had in this realm. Continue reading “Panel 3: Constitutional Theories of RLUIPA”