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Indiana Muslims Win Settlement in Favor of Religious Rights
A land use dispute between Hendricks County, Indiana, and a Muslim organization has been resolved in favor of the organization. The county will pay $300,000 and change its policies to ensure that they no longer discriminate against religious groups.
The dispute arose when Al Hussnain, a Muslim organization, sought zoning approval to build its facilities, but was rejected by the Hendricks County Board of Commissioners, the county’s governing body.
The United States Department of Justice (DOJ) which, under the Religious Land Use and Institutionalized Persons Act (RLUIPA), has the responsibility of protecting the rights of religious organizations to the use of land, then brought a lawsuit against the county.
“Discrimination on the basis of religion has no place in the Crossroads of America.”
Hendricks County rejected the first proposal in 2021 stating that the requested development created drainage problems. The Justice Department, in its complaint, pointed out that the Muslim group presented a solution to the problem and that drainage solutions were not required of other developers until after the zoning phase of the approval process. In 2022, a second proposal was denied without a stated reason, though the Justice Department gave multiple examples of similar projects that were approved.
The DOJ found many instances to support its claim that Hendricks County took its actions “in the face of significant community animus and opposition.” The opposition to the Muslim facilities included a petition with such statements as:
- “This is evil. God forbid we have ONE NICE TOWN!”
- “It is not compatible with my values and my belief.”
- “No more schools are necessary especially Islamic ones that want sharia law instead of our U.S. Constitution to govern our land.”
- “To me this sounds like a community that has an agenda.”
Similar denigrating comments and unfounded allegations were posted online and in other communications to the government bodies considering the applications.
The hearings were crowded and contentious. Although members of the public who tried to bring up the applicants’ religion were cut off, that did not stop some speakers from making Islamophobic comments before being stopped, nor did it stop members of the audience from voicing their support for the bigotry.
The $300,000 settlement will consist of $295,000 going to Al Hussnain and $5,000 to the Department of Justice as a civil penalty.
Hendricks County will also educate its officials and employees on their responsibilities for ensuring religious freedom.
“Discrimination on the basis of religion has no place in the Crossroads of America,” said U.S. Attorney for the Southern District of Indiana Zachary A. Myers.
A representative of the Council on American Islamic Relations praised the settlement, stating, “We welcome this decision as a victory for religious freedom not only for Muslims in Indiana, but for all Americans who value religious diversity and inclusion. All communities of faith should have the right to build their houses of worship and educational institutions.”
The First Amendment guarantees all Americans freedom of religion. In order to make that amendment more than words on a page, people must stand up for religious freedom, as the Hendricks County Muslims and the Department of Justice did here. Even more important is that we are all willing to look at and listen to those whose faiths differ from our own, rather than letting prejudice blind us. Hopefully the government officials and people of Hendricks County learn from this experience and strive to a higher standard of tolerance and respect.
