September 2006

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A Washington-area megachurch filed a federal lawsuit July 3 challenging a government ruling that it was improperly holding seminary-level classes on church grounds.

The nondenominational McLean Bible Church, which draws about 9,500 worshipers weekly to its services in Fairfax County, Virginia, partnered with Capitol Bible Seminary in 2001 to offer Bible study and religious ministry classes. The church did not issue academic credit or confer degrees. But students were allowed to take classes at the church for credit toward a master's degree in biblical studies and theology from the seminary.

Three years after the classes began, Fairfax County officials determined they went beyond those of a typical Sunday school. The county said McLean would need to apply for zoning status as a college or university, which the church wished to avoid.

Colby May, an American Center for Law and Justice attorney handling the case, said McLean filed the lawsuit after exhausting all administrative remedies with the county. May said the church was willing to change procedural aspects of the program, but not the curriculum. He said Fairfax County had authorized McLean to hold the classes, based on a special-use permit issued by the county in 1999. According to May, the permit says "church facilities shall only be made available for use by groups or activities which are sponsored by the church and are consistent with its ministry objectives."

The church's suit claims that Fairfax County's actions violate its constitutional rights to religious free exercise, as well as freedom of speech and association. A public relations representative from Fairfax County, which has 60 days to respond to the lawsuit, declined to comment on the pending litigation.

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News elsewhere includes:

Church sues Fairfax County to keep religion classes | Offering courses violates zoning ordinances, officials ruled (Washington Post, July 18, 2006)

County responds to McLean Bible suit | A lawsuit filed earlier this month in federal court contends that Fairfax County zoning authorities are standing in the way of a local church's constitutional right to religious freedom. (Fairfax County Times, Va., July 26, 2006)

Va. Megachurch Sues County to Keep Classes | A megachurch in northern Virginia is suing Fairfax County so that it can keep giving religion classes that help students get a master's degree. (Associated Press, Jul. 18 2006)

More CT articles about church battles with local government include:

Federal Judge Rules Parts of Church Land-Use Law Unconstitutional | Groups plan to help Elsinore Christian Center appeal zoning case. (July 11, 2003)

No Religion-Based Zoning | Illinois Vineyard church wins right to worship in its own building. (May 13, 2003)

Feds Intervene in Zoning Case | Elsinore Christian Center seeks to relocate into commercial zone. (Oct. 3, 2001)

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