Justice Department Sues Stafford For Blocking Islamic Cemetery

STAFFORD COUNTY, VA — The U.S. Justice Department filed a lawsuit Friday alleging that Stafford County violated the Religious Land Use and Institutionalized Persons Act by enacting "overly restrictive zoning regulations" prohibiting an Islamic organization from developing a religious cemetery on land it had purchased for that purpose.

The complaint, filed in the Eastern District of Virginia, alleges that Stafford County passed an ordinance in 2016 that blocked the All Muslim Association of America from developing an Islamic cemetery on a 29-acre parcel of land that it owns. The Justice Department is seeking injunctive relief, including a court order that Stafford County allow the association to build its cemetery in line with the prior ordinance.

“Honoring and burying the dead is a sacred religious act for many faith traditions,” G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, said in a statement. “The complaint that was filed in this case demonstrates this office’s commitment to ensuring that those of all faiths are not substantially burdened by improper local government actions in practicing their religious rituals.”

The All Muslim Association of America, a nonprofit religious organization that provides low-cost burials consistent with Islamic religious beliefs, has also sued Stafford County over the issue. The group's lawsuit stated its current cemetery on Brooke Road in southern Stafford is nearing capacity. In 2015, the All Muslim Association purchased land on Garrisonville Road for the new cemetery, a use that was allowed at the time by county ordinance.

Stafford County had not responded to a request for comment at the time this article was published.

When the association bought the property, it complied with all state and local requirements for use as a cemetery, according to the Justice Department. But after learning of the association’s plans, Stafford County amended its ordinance to require that cemeteries be no closer than 900 feet from private wells and certain types of streams, thus preventing the association from using its property as a cemetery.

The Justice Department's complaint alleged that this Stafford County requirement is far more restrictive than the Virginia Department of Health’s 100-foot distancing standard, has no legitimate health justification and imposes a substantial burden on the association’s religious exercise.

“This nation exists to provide sanctuary to people seeking the religious freedom that is too often denied in other parts of the world, and the Department of Justice is committed to protecting the fundamental right of people of all faiths to practice their religion free from illegal governmental interference,” Assistant Attorney General Eric Dreiband of the Civil Rights Division said in a statement. “That right protects the freedom of faith communities to use their land for religious purposes, including for cemeteries, houses of worship, and religious schools.”

The Religious Land Use and Institutionalized Persons Act is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations.