A Religious Freedom Case for “YIGBY”
I recently wrote about the “YIGBY” (“Yes in God’s Backyard”) movement, which seeks to empower churches and other religious organizations build housing on their property that would otherwise be banned by zoning restrictions. Notre Dame law Prof. Patrick Reidy (who is also a Catholic priest) recently published an article in the Yale Law Journal arguing that YIGBYism is required by constitutional and statutory laws protecting religious liberty. Here ‘s the abstract:
In recent years, faith communities across the United States have begun to create affordable housing on church property, inspired by sincerely held religious beliefs. Some are building microhomes behind their houses of worship. Others are converting residences once used by religious ministers—from rectories to abbeys to convents—into units for seniors and low-income families. Still others are repurposing their vacant schools, church parking lots, and undeveloped parcels of land for denser multifamily structures, from townhouses to apartment buildings. Within housing-advocacy circles and among faith communities, these continent-wide efforts to create affordable housing on church property have manifested an affirmative declaration: “Yes, In God’s Backyard.”
Legal scholarship and popular media have extensively documented the affordable-housing crisis. In particular, scholars and commentators have underscored the pernicious role of exclusionary zoning in strangling housing production, ultimately sending regional housing prices skyward. When faith communities create affordable housing on church property, much of which is located in residentially zoned areas, they seek something other than fair market value. Some might call it “charity” (tzedakah) or “discipleship,” a commitment to “welcome the stranger” or to “love your neighbor as yourself.”
Faith communities seek theologically and morally sound uses for their underutilized property, but often struggle to overcome the regulatory and financial hurdles of adaptive reuse. Local governments can incentivize redevelopment that benefits the wider community, growing their affordable housing supply. But their mutual benefit does not exempt faith communities from challenge when they choose to redevelop church property for affordable housing. Neighbors may seek to thwart faith communities from introducing denser, multifamily residential structures in their backyard, relying on land-use restrictions designed to prohibit less costly forms of housing. When they succeed, these challenges from NIMBY (“Not In My Backyard”) neighbors can limit both housing supply and the free exercise of religion.
This Feature thus proposes a novel response to exclusionary zoning: religious liberty. Where sincerely held religious beliefs inspire faith communities’ efforts to create affordable housing, these communities can assert constitutional and statutory free exercise protections against land-use decisions that obstruct de
Article from Reason.com
![](https://libertarianguide.com/wp-content/uploads/reason-logo-square.jpeg)
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.