Whether RLUIPA's 'equal terms' provision is violated whenever a religious assembly is treated less well than any secular assembly, or requires comparison only among assemblies similarly situated with respect to the regulation's stated purpose

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

• On the other side · 11th Cir.Primera Iglesia Bautista Hispana of Boca Raton450 F.3d 1295

  “In reaching this conclusion, we again must part ways with the Eleventh Circuit, which has held that “a violation of the Equal Terms provision is not necessarily fatal to the land use regulation” but must “ ‘undergo strict scrutiny.’ ” Primera Iglesia Bautista Hispana of Boca Raton, 450 F.3d 1295 , 1308 (11th Cir.2006) (quoting Midrash Sephardi 866 F.3d at 1232).” — Lighthouse Institute for Evangelism, Inc. v. City of Long Branch, acknowledging the split

• DiscussedMidrash Sephardi366 F.3d at 1232

  “In reaching this conclusion, we again must part ways with the Eleventh Circuit, which has held that “a violation of the Equal Terms provision is not necessarily fatal to the land use regulation” but must “ ‘undergo strict scrutiny.’ ” Primera Iglesia Bautista Hispana of Boca Raton, 450 F.3d 1295 , 1308 (11th Cir.2006) (quoting Midrash Sephardi 866 F.3d at 1232).” — Lighthouse Institute for Evangelism, Inc. v. City of Long Branch, acknowledging the split

What the split turns on

Anchor precedents:

Lukumi508 U.S. 536 ·

Smith

Doctrines & tests:

strict scrutiny