Separation of Home Church and State

Over at the Blog Prof, he had a story about a local home church that held Bible studies in residential areas since most of the residents live in residential areas!

The city of Gilbert, Ariz., has ordered a group of seven adults to stop gathering for Bible studies in a private home because such meetings are forbidden by the city's zoning codes.

The issue was brought to a head when city officials wrote a letter to a pastor and his wife informing them they had 10 days to quit having the meetings in their private home.

...There had been no complaints about the meetings, which had been rotating among members' homes before the officer wrote the letter and ordered the group to "terminate all religious meetings … regardless of their size, nature or frequency," because he noticed signs about the meetings.

The town interprets its law so that "churches within its borders cannot have any home meetings of any size, including Bible studies, three-person church leadership meetings and potluck dinners," ADF said.

First of all, having hosted a home church before, I am quite sympathetic to those who wish to do the same.
It is not solely a Constitutional question, but one of the degree to which local ordinances come into conflict with the Constitution.

In my case, we probably had twenty to thirty members on a weekly basis. Many of these were married, but figure one car per couple or family and a few single people who may or may not "carpool" and you have a potential parking and congestion problem typically not found in residential neighborhoods.
We tried to be courteous and not intrude on the neighbors any more than possible, but on Sunday mornings, there were a dearth of parking spots around my house.
When I lived in Ohio, some of the neighbors would throw a big bash two or three times a year, that would consume virtually every on street parking space. So long as they didn't block my driveway, I didn't mind, but had I been expecting company or if this occurred on a weekly basis, I might not have been so understanding.

We have freedom of speech protected by our Constitution, too. But would you want one of your neighbors out on his lawn exercising his free speech at three in the morning? Every morning? With a bullhorn?

Noise ordinances along with parking and zoning ordinances sometimes conflict with the absolute exercise of the First Amendment. I get apoplectic when a Home Owner's Association tells a veteran he can't fly a flag in front of his own home (or because it violates some color scheme by not being "earth toned"). And I am extremely sympathetic to home churches and Bible studies. Rotating the meetings among various members homes was the path we took as well.


And while there seems to be little doubt that Gilbert, AZ. has gone far beyond what the Constitution,common sense, and reason would allow, still there is a basis for some restrictions. But if there is a "separation of church and state", should the "state" be singling out the church for religious activities, while not restricting secular activities in the same community? Sounds like you'd need a permit for a Tupperware party in Gilbert, AZ! Cub Scouts and Brownies could be an endangered species as well!

Update: Reasonable accommodations should be set for all activities, not merely religious ones. If someone were to host a Fantasy Football league in the same home on a weekly basis (because Joe has the 60" plasma!) reasonable restrictions can be made for parking, public safety, etc. Singling out religion here, makes the Gilbert, AZ rulings clearly un-Constitutional.

If you need me, I'll be out on my front lawn. With my bullhorn!

Cross posted at Say Anything