Religious Freedoms vs. Land-Use Laws

A Vermont couple is challenging the decision of a state zoning commission that limits their right to illuminate a 24 foot cross on their own property to several weeks around Christmas.

1 minute read

February 7, 2011, 12:00 PM PST

By Victor Negrete


Dave Gram, of the Associated Press, describes the story of a couple that has started a First Amendment battle in Vermont.

"To Richard and Joan Downing, the 24-foot-tall cross on a hilltop on their property is an expression of their faith. To a state commission that regulates land use, it is out of character with the natural beauty of the rural neighborhood and should come down."

"Assistant Attorney General Robert McDougall, representing the state, says that when the issue is religious liberty, the courts usually try to see whether restrictions pose a "substantial burden" on someone's free exercise of their faith.

In court filings, he said, the Downings have not claimed that without that symbol (the cross) they are unable to practice their faith or required to act contrary to their religious beliefs."

"Patricia Salkin, an Albany Law School professor who maintains a blog on land-use law, said the circumstances are similar to a person wanting to post a sign on his or her property saying "I hate the president." The sign is protected speech. But "if it's a sign so out of scale with the character of the community, the municipality might say it can't be bigger than X-dimension," Salkin said.

Monday, February 7, 2011 in BurlingtonFreePress.com

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 16, 2025 - Diana Ionescu

Black and white photos of camp made up of small 'earthquake shacks' in Dolores Park in 1906 after the San Francisco earthquake.

The 120 Year Old Tiny Home Villages That Sheltered San Francisco’s Earthquake Refugees

More than a century ago, San Francisco mobilized to house thousands of residents displaced by the 1906 earthquake. Could their strategy offer a model for the present?

April 15, 2025 - Charles F. Bloszies

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20 - Streetsblog USA

Close-up on BLM sign on Continental Divide Trail in Rawlins, Wyoming.

BLM To Rescind Public Lands Rule

The change will downgrade conservation, once again putting federal land at risk for mining and other extractive uses.

April 20 - Public Domain

Calvary Street bridge over freeway in Indianapolis, Indiana.

Indy Neighborhood Group Builds Temporary Multi-Use Path

Community members, aided in part by funding from the city, repurposed a vehicle lane to create a protected bike and pedestrian path for the summer season.

April 20 - Smart Cities Dive