Footnotes, Part III
House Church Meetings: A Legal Analysis, by Sean J. Gallagher

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108. For a more detailed discussion of nuisance law verses zoning law as applied to religious activities, see Shelley Ross Saxer, When Religion Becomes a Nuisance: Balancing Land Use and Religious Freedom When Activities of Religious Institutions Bring Outsiders into the Neighborhood, 84 Ky. L.J. 507, 1995.

109. Id. at 508. Referring to Village of Euclid v. Ambler Realty Co., 272 U.S. at 388. ("The Court supported its decision by reference to nuisance law which bases the acceptability of land use on "the circumstances and the locality," not necessarily the use itself.")

110. Id at 552. ("Religious land uses should be restricted only when they interfere with another‘s use and enjoyment and the benefit of the religious use is outweighed by the burden on the other landowners‘ use of their property. Nuisance litigation, not zoning regulation, is the least restrictive means of furthering compelling governmental interests that substantially burden the religious exercise of ministering to those in need.")

111. Cameron, 498 A.2d at 1226 (Clifford, J., concurring).

112. Id.

113. Saxer at 512. ("Nuisance litigation provides a possible remedy to landowners who are actually damaged by an unreasonable interference with the quiet enjoyment of their property. Nuisance litigation also provides a less restrictive means than zoning for regulating religious land uses and avoids the problem of prior restraint that is inherent in proactive zoning regulation. However, even when nuisance law is used and the court balances the gravity of the harm to the residential landowner with the utility of the conduct of the religious institution, a heavy thumb should be placed on the scale of a religious use which serves a greater social purpose -- helping those in need.")

114. Exodus 7:16.

115. Daniel 3:10 ("Thou, O king, hast made a decree, that every man that shall hear the sound of ... all kinds of musick, shall fall down and worship the golden image.")

116. Leonard Verduin, The Reformers and their Stepchildren, (Wm B. Eerdmans Publishing Co. Grand Rapids, MI, 1964) 23-24. ("By the word ‘sacral,‘ ... we mean ‘bound togethe by a common religious loyalty.‘ By sacral society we mean society held together by a religion to which all the members of that society are committed.")

117. Matthew 22:15.

118. Matthew 22:17.

119. Matthew 22:21.

120. In Matthew 13:24-30, Jesus tells the parable of the wheat and the tares to describe the kingdom of heaven. In response to the question of whether the servant should gather up the tares, Jesus said, "Nay; lest while ye gather up the tares, ye root up also the wheat with them. Let both grow together until the harvest: and in the time of harvest I will say to the reapers, Gather ye together first the tares, and bind them in bundles to burn them: but gather the wheat into my barn."

121. John 17:14-18. Jesus spoke of his followers as being in the world but not of the world.

122. John 18:36. ("Jesus answered, My kingdom is not of this world: if my kingdom were of this world, then would my servants fight, that I should not be delivered to the Jews: but now is my kingdom not from hence.")

123. Verduim at 46. ("For the Reformers were not minded to repudiate the Constantinian change. Their ambition was not to get rid of ‘Christian sacralism‘; rather was it their ambition to overlay the ‘Christian sacralism‘ that was partial to Catholicism with a ‘Christian sacralism‘ that was partial to Protestantism.")

124. Matthew 18:17.

125. Acts 2:46, 5:42, 20:20, Romans 16:5, I Corinthians 16:19, Philemon 2.

126. Joshua 24:15.

127. Matthew 19:19.

128. Romans 13:10. ("Love worketh no ill to his neighbour: therefore love is the fulfilling of the law.")

129. 1 Peter 2:12-17. ("Having your conversation honest among the Gentiles: that, whereas they speak against you as evildoers, they may by your good works, which they shall behold, glorify God in the day of visitation. Submit yourselves to every ordinance of man for the Lord‘s sake: whether it be to the king, as supreme; Or unto governors, as unto them that are sent by him for the punishment of evildoers, and for the praise of them that do well. For so is the will of God, that with well doing ye may put to silence the ignorance of foolish men: As free, and not using your liberty for a cloke of maliciousness, but as the servants of God. Honour all men. Love the brotherhood. Fear God. Honour the king.")

130. Romans 9:17 quoting from Exodus 9:16 ("For the scripture saith unto Pharaoh, Even for this same purpose have I raised thee up, that I might shew my power in thee, and that my name might be declared throughout all the earth.")

131. See supra note 27.

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Copyright (c) 2000 S. J. Gallagher