Thursday, May 23, 2024
Sunday, May 19, 2024
Religious Zoning Laws will Help the Las Vegas Lone Mountain Temple Be Built Despite Opposition
(latterdaysaintmag.com 5-12-24)
Editor’s Note: In the April 2024 General Conference, Elder Neil L. Andersen said,”Let us pray for the temples that have been announced, that properties can be purchased, that governments will approve plans, that talented workers will see their gifts magnified, and that the sacred dedications will bring the approval of heaven and the visit of angels.”
There is good reason to pray for these details about properties and approvals, because when a temple like the Lone Mountain Temple in Las Vegas was announced, opposition began, much of it by neighbors who complained that they would not like the light of the temple, nor the height of the spire. Some of it was inspired by anti-Latter-day Saint bigotry. Of the many questions, Latter-day Saint journalist, Christopher D. Cunningham observed about the temple, we share a few with much abbreviated answers. Next, we follow with the legal assessment of attorney Mark Albright.
What is the controversy surrounding the temple?
Before building on the proposed temple project can begin, The Church of Jesus Christ has submitted a proposal to have the Undeveloped zoning changed to Civic zoning.
Because of the requested zoning change, the city council needs to consider the proposal and vote on it. This has allowed both sides to weigh in on whether or not the temple should be built to try to persuade the local city councilors.
This meeting will be held on May 14th.
Why do Latter-day Saints want to build a temple in west Las Vegas?
On average one temple serves the members of 11.25 stakes. Stakes are geographical divisions in The Church of Jesus Christ that have about 3000-5000 members each.
Currently the Las Vegas Nevada temple serves 31 stakes, well above the average. During high-use times such as Friday and Saturday nights, the current temple struggles to meet the demand.
Not all the concerns about the temple relate to anti-Mormon bigotry. Those opposed believe the temple would compromise the rural nature of the area.
Most people who oppose the temple live in the Rural Neighborhood Preservation area. The proposed temple is not actually in this area, but near to it.
Is it appropriate to build so close to the boundary of the RNP?
Yes. The Walmart in the Centennial Hills Shopping Area is less than 500 feet from the edge of the Rural Preservation Neighborhood, for example.
Much of the boundary to the Rural Neighborhood Preservation Area has cinderblock walls to house neighborhood developments immediately adjacent to the RNP.
The area outside the RNP within a block of where the temple is proposed already includes a water district facility, compact density housing neighborhoods, and property owned by the school district.
Is the temple in a dark sky area?
No. There are no dark sky areas in southern Nevada.
Is the Church getting tax breaks or taxpayer money for the temple?
No. The temple is entirely self-funded. The Church pays all taxes appropriate for non-profit entities.
Is either side asking the city council to violate the law?
No. The area the temple will be built on is an appropriate place to be rezoned for a civic building such as a church or temple. The temple plans meet all local ordinances and requirements.
The opposition isn’t violating local ordinances by asking for the area to not be developed. Just because it is legal to develop the land, does not mean they can’t advocate for it to remain undeveloped. Rather it is simply unrealistic given the growth of Las Vegas to continue to have undeveloped lots outside of the RNP boundaries.
Have the two sides been able to work together in mutual respect?
The Church held a meeting in February of 2024 to hear from their new neighbors about their thoughts on the new building. In addition, the Church chose to develop a lot that will impact the view of as few neighbors as possible.
The Church has a long history and reputation of working with neighbors on temple plans to try and meet everyone’s needs.
On the other hand, the opposition movement has not rejected or spoken against the anti-Mormon bigotry found among them. The petition against the temple includes “reasons for signing,” Among those reasons are demeaning anti-Mormon bigotry, and the group maintains these reasons on their site.
Could Las Vegas get in legal trouble for turning down the temple?
It’s possible. Because the proposed temple does not violate any local zoning rules there would need to be another reason for denying the temple.
The meeting of the City of Las Vegas Planning Commission will be on May 14, and some Latter-day Saints have suggested that they come, wearing navy blue, and stand in the plaza, beginning at 6:00 p.m. They write: “We need peacemakers on the plaza.”
Now the legal discussion from Mark Albright:
Members often assume that when a new temple is announced for a particular location that construction can commence immediately. However, the public announcement at General Conference is often only the beginning of the lengthy and sometimes complex zoning process. Petitions by opponents and supporters can generate strong feelings on both sides. Public hearings with city or county leaders can generate strong emotions.
Opponents may assert that the Church should build a smaller temple, or eliminate the steeple or select another location. Lighting is often raised as a concern. Opponents may also argue that local zoning laws prohibit a temple with a steeple in a particular location. I share the following insights regarding temple symbolism and federal laws protecting the exercise of religion to help shed some light on these important issues.
Filled with Symbolism
Christian churches are often filled with symbolism that reflect Bible beliefs and teachings. For example, the spires atop many churches are not just architectural features; they have deep religious symbolism. Steeples and spires point upwards, directing the viewer’s eyes and mind towards heaven and the divine. They are a call to lift one’s thoughts above the mundane and earthly and towards spiritual realms.
Light is also a powerful symbol in Christianity, representing the presence of God, the light of Christ that dispels darkness and sin, and the important guidance of the Holy Spirit. This symbolism is the reason most steeples and spires are usually illuminated at night. Attached are beautiful steeples from around the world built to inspire the faithful in a way that a square box building in the shape of a warehouse with a flat roof could never duplicate.
Symbolically, steeples and spires, as well as the lights to illuminate the spires, act as beacons pointing towards the heavens, symbolizing the connection between the earthly and the divine. They remind the faithful of the spiritual mission of the church and the presence of a higher power, fostering a sense of hope and enlightenment. Indeed, the spire is the highest section of a steeple and is meant to “inspire” distant viewers, to come follow Christ.
Landmarks and Places of Refuge
The biblical roots of steeples relate to their representation as a strong tower or refuge, reflecting verses from Psalms and Proverbs that depict God as a protective tower. Additionally, the verticality of steeples, reaching up into the sky, resonates with ancient beliefs that high places facilitate closer connections to the divine, as seen in familiar biblical stories like Moses receiving the Ten Commandments on Mount Horeb and the Transfiguration of Jesus on Mount Tabor.
In terms of architectural and community impact, steeples on churches of multiple faiths, often serve as landmarks, making the church a focal point within its surroundings and reminding the community of their duty to God. Their design and height can also indicate the significance of a church building, with larger steeples often signifying more important ecclesiastical structures, such as a temple compared to a chapel.
The steeples and spires on Latter-day Saint temples hold significant symbolic and practical value. They reflect a blend of spiritual symbolism and architectural beauty. In the design of these temples, steeples are usually a prominent feature (only 2 of 243 current temples have no spire or tower). These spires contribute to the distinctive silhouette of the temples, making them easily recognizable as landmarks around the world.
Reflecting the Heritage of the Local Region
Church architects often incorporate design elements that reflect the heritage of the local region in which they are built. For example, the proposed Lone Mountain Temple design in Las Vegas incorporates architectural elements from both the old Union Railroad Station on Main Street and the historic elementary school on 5th Street. Large murals painted on the interior of temples generally reflect beautiful scenes from the local area as well as the teachings of Christ.
As President Gordon B. explained in the October 1997 general conference, “The figure of Moroni, atop many of our temples, is a constant reminder of the vision of John the Revelator: ‘And I saw another angel fly in the midst of heaven, having the everlasting gospel to preach unto them that dwell on the earth, and to every nation, and kindred, and tongue, and people’ ” (“Look to the Future,” Ensign, November 1997, p.67).
Protected under Federal Law
Generally, steeples and lights on houses of worship are protected under federal law and case precedents due to their significant religious symbolism and the importance of religious exercise. Religious architecture, such as steeples and lights, play a crucial role in expressing religious beliefs and these symbolic designs are protected under the First Amendment, federal statutes and often by specific zoning laws.
The Religious Land Use Act of 2000 (1) is a federal law that protects individuals, houses of worship, and other religious institutions from discrimination in zoning laws. It also ensures that the religious rights of inmates and other institutionalized persons are protected.
The law was enacted to protect houses of worship, and other religious institutions from discrimination from local zoning laws. The Act aims to ensure that religious liberty is upheld and that religious land uses are safeguarded from undue interference by local governments. As noted in the case law, Congress was cognizant of the tendency of a majority to marginalize and discriminate against an unfamiliar or unpopular minority, and thus the Act provides important protection for religious architecture and houses of worship.
The Act prevents local governments from using zoning laws to impose a substantial burden on the religious exercise of churches or other religious institutions, unless the government can demonstrate that the imposition of the burden on that religious exercise is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
This means that while the Act does not categorically prevent local governments from prohibiting churches from being built, it does place a significant burden of justification on the government to do so. For example, a local government cannot deny a zoning application for a church simply because it prefers that the land be used for commercial development or residential development.
If a church argues that a local zoning law substantially burdens its religious exercise, the local government must then show a compelling reason for the law and that the law is the least restrictive way to achieve its goal. In other words, the Act attempts to balance the protection of religious freedoms with the interests of local governments, making it harder for local governments to use zoning laws to unreasonably restrict the building and expansion of religious institutions such as churches and temples.
Case Law
Case law provides examples of how the Act has been used over the years to support the construction of religious buildings. In Cottonwood Christian Center v. Cypress Redevelopment Agency, the California federal court ruled that the public interest and balance of hardships favored enjoining a city from exercising eminent domain over property owned by a church. In Guru Nanak Sikh Soc. of Yuba City v. County of Sutter, the Ninth Circuit found that the county violated the law in denying a conditional use permit to construct a temple. Additionally, in Church of Our Savior v. City of Jacksonville Beach, the Florida court held that the city’s blanket denial of the church’s application for a conditional use permit violated the Federal Act. The Act also provides a private right of action, allowing a religious institution to seek appropriate federal remedies.
Last month, on March 19, 2024, the U.S. Department of Justice sent a letter to all State, County and Municipal officials in the United States, to remind them of their obligation to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA), and to inform them about documents issued by the Department of Justice (Department) that may be of assistance to understanding and applying this important federal civil rights law. The Justice Department letter provides in part.
Among Our Most Fundamental Rights
“The freedom to practice religion according to the dictates of one’s conscience is among our most fundamental rights, written into our Constitution and protected by our laws. In our increasingly diverse nation, and at a time when many faith communities face discrimination, the department continues to steadfastly defend this basic freedom to ensure that all people may live according to their beliefs, free of discrimination, harassment, or persecution.”
The letter notes that after more than twenty-three years after RLUIPA’s enactment, far too many people and communities remain unaware of the law, or do not fully understand the scope of its provisions. “The Department of Justice implemented its Place to Worship initiative in 2018, through which we continue to work to increase both public awareness and enforcement for RLUIPA’s land use provisions. As participants at recent outreach events have indicated, and as the Department’s own investigations have revealed, there are still many municipal, county and other local officials who are insufficiently familiar with the land use provisions of RLUIPA and with their obligations under this important federal civil rights law. The Department has also received reports that religious groups, particularly those from less widely practiced religious traditions, continue to face unlawful barriers in the zoning and building process. Our work in this area suggests that litigation is far likely if local officials are aware of RLUIPA and consider its protections early in the process of reviewing land use applications from religious organizations.
“In light of this, we are sending this letter to you and other officials throughout the country to ensure that you are aware of your obligations under RLUIPA and its key provisions. Ensuring that our constitutional and statutory protections of religious freedom are upheld requires that federal, state, and local officials work together. To that end, we encourage you to share this letter with your colleagues. We hope that you will continue to work with the Department and view us as a partner in ensuring that no individual in this country suffers discrimination or unlawful treatment because of their faith.”
Sunday, May 5, 2024
Islam and Mormonism
(by Dan Peterson sic et non blog)
I came across the accusation today — I see it every once in a while — that the doctrines of the Church of Jesus Christ of Latter-day Saints resemble those of Islam more than those of Christianity. It’s a monumentally inane and ignorant declaration. But, as I say, it’s been a long day, and I’m tired; we returned to Rochester well after dark. So I will respond by recycling a very slightly modified version of something that I wrote some while ago in response to a prior assertion of the same risible claim.
Back in 2012, when Mitt Romney was the Republican nominee for the presidency, a certain Ms. Eliza Wood took it upon herself to post an extraordinarily inept entry on Huffington Post entitled “Are Mormons Closer to Muslims or Christians?”
https://www.huffpost.com/entry/differences-between-mormonism-islam-and-christianity_b_1693095
“In reality,” she said, “Islam is about as close to Christianity as Mormonism.”
Well, actually, No, it’s not. And I say this as a Latter-day Saint who is (or was) a professional Islamicist.
But a walk down memory lane will illustrate how, at least with some folks, ignorant anti-Mormonism harmonizes very nicely with anti-Islamic prejudice.
First of all, of course, Ms. Wood’s question is misconceived. It’s rather like asking whether Fords are closer to automobiles or water buffaloes. Fords are automobiles. And Latter-day Saints are Christians.
But perhaps Ms. Wood can’t really be blamed, because, quite plainly, she’s entirely unqualified even to have an opinion on the subject.
“Both Islam and Mormonism,” Ms. Wood declares, “have teachings from the Christian Bible and believe Jesus was ‘a prophet,’ but they had prophets after Jesus that they believe to be more authentic and current than Jesus.”
I have no idea what Ms. Wood means by “more authentic,” but I can’t really think of any significant sense in which any believing and reasonably intelligent Latter-day Saint would agree that Joseph Smith, or Brigham Young, or Russell M. Nelson, or any other modern prophet is “more authentic” than Jesus.
“More current”? Well, yes, but only in the trivial sense that Jesus lived out his mortal life in first century Palestine while President Nelson is alive right now, in the twenty-first.
But, anyway, while Islam regards Jesus as a very great prophet, he’s still a mortal and a creature and not divine. Latter-day Saints, by contrast, believe Jesus to be divine, the only begotten Son of God. That may be a small detail in Ms. Wood’s mind, but others might think that it deserved at least brief mention.
“Jesus’ teachings,” Ms. Wood somewhat obscurely says, “were a bit archived [???] in both because Muhammad and Joseph Smith were both visited by angels who told them to receive new orders from God. Both have respected Jesus’ messages but moved forward with other teachings and practices that are not consistent with Christianity.”
But this is merely to say that Latter-day Saint beliefs aren’t consistent with Ms. Wood’s version of Christianity, whatever that may be. It’s rather as if, defining squirrels as non-mammals, Ms. Wood were to point to the things that distinguish squirrels from giraffes, killer whales, and Bengal tigers as “not consistent with being mammals.” That would be not only rather eccentric but obviously circular.
“Islam teaches that Muhammad was the last prophet,” Ms. Wood informs her audience, “and Mormonism teaches that a line of prophets extended from Joseph Smith all the way to the present with Thomas S. Monson, who is currently considered their prophet.” [As I say, the article was published in 2012.]
Well, yes. But Ms. Wood doesn’t really explain how the fact that Islam believes the final prophet to have died in 632 AD, while the Church of Jesus Christ affirms that there is a living prophet on the earth today, supports her claim that the two religions are similar.
“While in some ways neither Islam nor Mormonism is very much like Christianity,” writes Ms. Wood, who has never actually defined Christianity, but who appears to believe that merely asserting that Latter-day Saint beliefs aren’t Christian does that work for her, “the two faiths actually have a lot of similarities. For example, both had founding prophets who received visits from an angel, leading to revelation of Scripture. Both consider the family unit as the foundation for religious life, and both have an insistence that religion is their complete way of life.”
Seriously? Insisting that religion is a complete way of life is scarcely unique to either Muslims or Latter-day Saints.
And, while both Islam and the Church of Jesus Christ consider family life important, their respective theologies of family bear only the most superficial resemblance to each other.
Yes, though, both religions do really include visits from angels within their founding stories. Among many thousands of potential similarities and differences, that’s one example of a similarity. But the stories and the roles of the angels are quite different in Islam and the Restored Gospel.
“Islam and Mormonism,” announces Ms. Wood, “both require fasting and ritual cleanings.”
But fasting and ritual cleansing (e.g., baptism) are common to religions worldwide, not merely to Islam and the Restoration.
“They both believe theirs is the original religion of Adam,” Ms. Wood writes.
But so, historically, have mainstream Christianity and Judaism.
“Both Islam and Mormonism,” says Ms. Wood, “allowed four wives but both forbid homosexuality and bisexuality.”
Historically, very few religions have traditionally celebrated homosexuality and bisexuality. It’s true, however, that both the Restoration and Islam have allowed polygamous marriages. Islam still does. Mormonism does not. But, while Islam limited men to four wives, “Mormonism” never did.
“Both religions,” Ms. Wood explains, “forbid alcohol and gambling.”
But the Restoration and Islam are scarcely unique in frowning upon gambling and alcohol!
“This may be alarming to some,” writes Ms. Wood, who very likely hopes that her readers will be alarmed, “but both Islam and Mormonism teach that marriage can extend into the afterlife.”
It’s not at all clear that Islam teaches a continuation of marriage into the afterlife.
And, by the way, it’s not clear why Ms. Wood finds the idea “alarming” that marriage might continue beyond the grave. Is she revealing something about herself? (And, by the way some critics insist that it is the Restored Church that separates husbands and wives at death; everybody else has always expected marriage to survive death — until the Latter-day Saints came along to rain on the parade.)
“Neither worships their founding prophets,” continues Ms. Wood, with remarkable charity, “but both hold them with special respect.”
Well, shiver me timbers and blow the house down! Judaism and mainstream Christianity, too, venerate ancient prophets and saints. Has she never heard of St. Peter’s Basilica? St. Paul’s Cathedral? Saint Patrick’s? Santa Ana, California? San Francisco? There’s nothing even remotely unique about regarding prophets, apostles, and saints with particular respect.
“Both religions heavily proselytize,” Ms. Wood writes, “and believe everyone should belong to their faith.”
Huh? Does Ms. Wood seriously believe that Christianity hasn’t been a missionary faith from its very beginning? Has she ever read the New Testament book of the Acts of the Apostles? What does she think St. Paul was doing on all those trips back and forth across Anatolia and the Mediterranean? Relaxing on the Lido Deck of a luxury cruise ship?