The U.S. Department of Justice filed a statement of interest today in the U.S. District Court for the Central District of California in support of Anchor Stone Christian Church, a small Christian congregation, alleging that the City of Santa Ana violated the church’s rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying its zoning application to use space in the city’s professional district as a house of worship.
The Justice Department’s statement was filed in the case Anchor Stone Christian Church v. City of Santa Ana, a private lawsuit in which the church argues that the City’s zoning provisions treat religious uses less favorably than comparable secular places of assembly, in violation of RLUIPA. Specifically, the lawsuit claims that while the city allows nonreligious assembly uses, such as museums and art galleries, as a matter of right within the professional district, it only permits religious assembly uses like churches with discretionary approval of a conditional use permit (CUP).
“RLUIPA prohibits local governments from treating religious assembly uses, like the Anchor Stone Church, worse than comparable nonreligious assemblies,” said Deputy Assistant Attorney General Mac Warner of the Justice Department’s Civil Rights Division. “Zoning codes violate RLUIPA when they make it more difficult for people to gather for religious worship than for secular purposes. The Civil Rights Division will continue to vigilantly enforce RLUIPA’s protections and ensure that religious groups have equal access to places to worship as a community.”
Acting U.S. Attorney Joseph McNally for the Central District of California emphasized the importance of upholding equal treatment for religious institutions: “Zoning practices that unfairly limit assemblies by faith-based groups violate federal law. 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 Christian Church, composed primarily of first-generation Chinese and Taiwanese Americans, obtained space within the city’s professional district and applied for a CUP to operate its church. However, the city denied the application, prompting the church to file a motion for a preliminary injunction to allow it to worship at its property. The Department’s statement of interest supports the church’s argument that the city’s zoning code, on its face, treats religious uses less favorably than nonreligious uses, violating RLUIPA’s equal terms provision. Furthermore, the Justice Department asserts that the city has failed to justify this unequal treatment.
RLUIPA is a federal law that protects individuals and religious institutions from unduly burdensome, unequal, or discriminatory land use regulations. Under RLUIPA, local governments are prohibited from enacting zoning practices that treat religious assemblies or institutions less favorably than secular assemblies.
As part of its ongoing efforts to enforce RLUIPA, the Justice Department has launched the “Place to Worship Initiative,” which includes outreach to state, county, and municipal leaders across the country to remind them of their obligations under RLUIPA. The department also hosted an outreach forum last year with land use practitioners and religious leaders at Fowler School of Law at Chapman University in Orange County, California, to raise awareness about religious land use protections.
According to Decision Magazine, Anchor Stone Christian Church, a Taiwanese- and Chinese-American congregation in Santa Ana, California, filed a lawsuit against the city and its council for allegedly violating religious freedom laws by prohibiting worship services on property the church purchased for gatherings.
The church, founded in 2018 as a home-based prayer group, grew rapidly and sought a permanent space to serve its community. In 2019, Anchor Stone purchased a property in a professional district after consulting with the city’s Planning and Building Agency, which initially confirmed the space could be used for worship with a conditional use permit (CUP). However, after the purchase, the city refused to accept the church’s CUP application, leaving the $575,000 property unused for over two years.
Anchor Stone cited the ‘Religious Land Use and Institutionalized Persons Act (RLUIPA)’, which protects religious institutions from discriminatory land use regulations, and the ‘First Amendment’ in its appeal. Despite this, the city denied the appeal, prompting the church to take legal action with the help of ‘First Liberty Institute’ and ‘O’Melveny & Myers LLP’.
Ryan Gardner of First Liberty Institute stated, “Preventing a Chinese- and Taiwanese-American church from worshiping in a facility they purchased is a flagrant denial of their religious freedoms.” The lawsuit highlights the city’s inconsistent policies, allowing museums, restaurants, and office buildings in the same district while denying the church’s right to assemble.
Timothy Durst of O’Melveny & Myers pointed out the city’s favoritism, noting that another church across the street was granted a permit. “The city’s repeated efforts to prevent churches from engaging in their religious missions cannot continue,” Durst said.
Steven Lee, Anchor Stone’s secretary, emphasized the church’s commitment to serving the community, stating, “We are not adversaries of Santa Ana; we are devoted partners. Our mission is to address both physical and spiritual needs, and we remain unwavering in our dedication to serving this city.”
