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

Cover CM Credits, Earn Certificates, Push Your Career Forward

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.

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Color-coded map of labor & delivery departments and losses in United States.

The States Losing Rural Delivery Rooms at an Alarming Pace

In some states, as few as 9% of rural hospitals still deliver babies. As a result, rising pre-term births, no adequate pre-term care and "harrowing" close calls are a growing reality.

June 15 - Maine Morning Star

Street scene in Kathmandu, Nepal with yellow minibuses and other traffic.

The Small South Asian Republic Going all in on EVs

Thanks to one simple policy change less than five years ago, 65% of new cars in this Himalayan country are now electric.

June 15 - Fast Company

Bike lane in Washington D.C. protected by low concrete barriers.

DC Backpedals on Bike Lane Protection, Swaps Barriers for Paint

Citing aesthetic concerns, the city is removing the concrete barriers and flexposts that once separated Arizona Avenue cyclists from motor vehicles.

June 15 - The Washington Post