CHRISTIAN GRANTHAM, Post Contributor
Posted: Monday, August 2, 2010 9:12 pm

The Steering Committee took up Monday night the controversial issue "use of right" created by a 2009 state law that allows religions to avoid public hearing when wanting to build in neighborhoods.

As of last year, state law requires local governments go above and beyond the federal perponderance standard in considering whether local governments can reject a religious institution's building plans in a residential neighborhood.

The Tennessee Religious Freedom Act of 2009 says the government's burden has to be carried by clear and convincing evidence that demonstrates building plan changes are essential to further a compelling governmental interest. Federal standards are much weaker requiring only a preponderance of evidence. State legislators responsible for the law say they meant it to help churches.

The steering committee passed a resolution "requesting review of the desirability of withdrawing religious entities from the use of right in the comprehensive study of the zoning resolution."  Committee members didn't mention the recent Mosque whose plans were approved under the new state law, pausing in discussion with a silent understanding of the real issue being addressed.

"There's a lot of different beliefs out there," Commissioner Steve Sandlin. "And we're not going to get into that, but there's some religions that are maybe called religions that aren't really religions."

The steering committee ultimately decided spending too much time on one item in the middle of a comprehensive zoning ordinance makeover might not be a good idea.

"Every piece of information in the entire zoning resolution will be reviewed and substantially rewritten," County Mayor Ernest Burgess added. "I'm not sure we can do this and do it properly and correctly and stand the test of a legal challenge without doing it comprehensively, I guess that's my basic concern."

"I'd hate to spend weeks, months and hours debating an issue that will go away in six months," Commissioner Jeff Phillips said.

Before voting on the resoltuion, Phillips noted the importance of how the new state law has made neighborhoods a new battle ground.

"Neighborhoods versus the rights of religious institutions could really open up something that's going to be a major battle ground in the future but it might be a battle worth fighting if it gives residents of that geographic area a voice as to how they want their neighborhoods to look," Phillips said.

The full commission will take up the use of right resolution Aug. 12.