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Senate adopts amendment to align Utah religious land‑use law with federal definition
Summary
The Senate passed a first-substitute to SB 106 to amend Utah's religious land-use definition to match federal language, adding 'use of building and conversion of real property for the purpose of religious exercise.' Sponsors said protections for local zoning remain; roll call was 28‑0‑1.
Senators on the floor voted to pass the first substitute to Senate Bill 106, an update to Utah's religious land‑use provisions, after adopting a floor amendment to align the state's definition of free exercise with the federal Religious Land Use and Institutionalized Persons Act. Senator Ross Thomas, sponsor of the amendment, said the change adds "and includes the use of building and conversion of real property for the purpose of religious exercise," bringing the state definition into parity with the federal statute.
Supporters said the amendment corrects an omission and does not remove local zoning authority. Thomas pointed to protective language elsewhere in the bill intended to preserve local control over "off‑site impacts of development" and said federal case law (including Employment Division v. Smith and Sherbert v. Verner) will guide judicial interpretation. Opponents on the floor asked whether the added language could broaden protections to uses that previously had been regulated by municipalities, citing concerns about programs that mix religious and other activities.
After debate and an exchange about the scope of the amendment and how courts interpret substantial burden claims, the Senate voted 28 yes, 0 no, with 1 absent to pass the first substitute and refer the bill to the House.
The next step is transmittal to the Utah House of Representatives for further consideration.
