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Proposed Muslim Funeral Home Pits County Officials Against Establishment Clause

No ground has yet been broken, but a Muslim funeral home in Georgia is already facing vocal opposition. The facility—which would be the first of its kind in the state—is part of a multi-stage development recently announced by Al Maad Al Islami, a nonprofit corporation led by Imam Mohammad Islam. The funeral home and an accompanying cemetery constitute the first stage, set to be built along Highway 162 in Newton County, located southeast of Atlanta. According to Islam, the second stage of the project would include building a mosque on the site. Depending on the availability of additional funding, a school and public park may round out the project.

Though surely applauded by many, the plan is also facing considerable opposition. Newton County Commissioner John Douglas has expressed his reservations about the project, claiming that “[a]ll the emails [he’s] gotten . . . have been negative for various and sundry reasons.” Among them – a concern that the funeral home, cemetery, and mosque might prompt federal authorities to begin settling refugees in the area.

Douglas’ qualms, however representative and loudly voiced, will prove impotent against both local and federal laws that protect religious organizations, including cemeteries, from discrimination. According to the Newton County Zoning Administrator, both churches and cemeteries are permitted uses on the property in question.

More importantly, as at least one county official has noted, “federal law prohibits [government] from imposing regulations on one religious development and not others.” In fact, in both Larson v. Valente and Board of Education of Kiryas Joel Village School District v. Grumet, the Supreme Court emphasized that preferring one religion over another violates the Establishment Clause of the Constitution.

Therefore, because Newton County does not limit where houses of worship may be built, and because a Christian church already exists across the street from the planned development, any governmental action attempting to impede Al Maad Al Islami’s development will likely run afoul of the Establishment Clause.

Mickey Herman

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