The U.S. Department of Justice sued Troy, Idaho, for religious discrimination after denying Christ Church's application for a permit to hold services in the C-1 zone.
In a complaint filed Tuesday in the U.S. District Court for the District of Idaho, the department contends that Troy violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it rejected the church’s permit application, which would have facilitated worship services for the growing congregation in Troy.
The complaint states, “At present, Christ Church's congregation is too large to hold services at any one location, and the church has had to establish several new locations for services in Moscow,” and explains that “As part of this expansion effort, Christ Church sought to find an appropriate facility for Sunday services in Troy, which is a close neighbor to Moscow. Historically, congregants residing in Troy have commuted from Troy to Moscow to attend the church's services, but desire to have worship services in Troy.”
Although the city already permits non-religious assemblies such as clubs, museums, auditoriums, and art galleries in the C-1 district, the Department of Justice’s lawsuit alleges that “the permit was denied because of public animus towards the church's religious beliefs,” which it claims violates the provisions of RLUIPA.
Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division stated, “RLUIPA unequivocally forbids local governments from deciding zoning matters based on their dislike of certain religious groups,” and emphasized, “The Department of Justice will not hesitate to file suit against jurisdictions that discriminate in land use matters on the basis of the applicants' religious beliefs.”
Christ Church, led by Senior Pastor Douglas Wilson, has gained attention for its advocacy of traditional Christian values and its goal to make Moscow, Idaho—a city of just under 27,000 and home to the University of Idaho—a “Christian town.”
The church stated, “Under the grace of God, this means that our desire is to make Moscow a Christian town through faithful and robust covenant renewal worship on the Lord's Day, through proclamation of the gospel to unbelievers, while training additional evangelists who will continue proclaiming that gospel, through teaching men and women how to live together in harmonious Christian marriage, through establishing a family-friendly culture of Christian education.”
In September 2022, the church rented a local downtown Troy bar to hold Sunday services for approximately 60 residents of Troy. However, on October 5, 2022, the city’s attorney issued a cease-and-desist order to the bar’s owner, stating that “the bar could not be used for church services because a conditional use permit was required for a church to operate in a commercial zoning district.”
Later, in November 2022, a parish elder purchased a former bank building on Main Street in Troy’s business district, and in January 2023, the church entered into a leasing agreement.
Despite efforts to obtain a conditional use permit from the city, the application was denied in March 2023, with the city stating that “(the church) did not enhance the commercial district” and that “(the religious use) was not in harmony with the Comprehensive Plan,” according to the DOJ lawsuit.
