Things are not always what they seem

The Official  word on a recent press release from the Chogye (Jogye) Order of Korean Buddhism on Korea.net was as follows:

Korean Buddhist delegation introduces religion and food in NY

A delegation from the Jogye Order of Korean Buddhism paid an official visit to the United States from September 14 to 22 to promote Korean Buddhism overseas.

The Most Venerable Ja Seung, head of the Jogye Order of Korean Buddhism since last November, led the delegation to introduce Korean Buddhist philosophy and cuisine.

On Sep. 17, the delegation held a meeting with representatives of several different religions, including Judaism, Islam, Hinduism, and Catholicism, and Protestant Christianity at a vegetarian restaurant in Manhattan. At the meeting, they held an in-depth discussion on ways to increase goodwill worldwide and end religious conflicts.

The delegation held a Buddhist ceremony in New York on Sep. 19 for more than 700 Korean Buddhists and believers.

Members of the Jogye Orders pose with religious leaders in New York on Sep. 17. (Photo: Yonhap News)

Members of the delegation also held meetings with Korean Buddhist monks in Los Angeles and New York to discuss the expansion of Korean Buddhism and the establishment of overseas parish temples.

They visited Columbia University to meet Professor of Oriental Studies Robert Paul Hymes on Sep. 20. At the meeting with the Most Venerable Ja Seung, Prof. Hymes expressed his intent to help Korean Buddhism strengthen its presence in the academic arena, Yonhap News reported on Sep. 19. Hymes emphasized that the university will have an honorary professor position for Korean Buddhism from 2011.

The same day, the delegation met Irina Georgieva Bokova, Director-General of UNESCO, gave $US 400,000 to help the refugees of the earthquake in Haiti, and signed an MOU with UNESCO for an education support project for children in less developed countries.

The delegation also held a special event to promote Korean temple food in SOHO, New York, later that day. The unique taste of Korean temple cuisine captured the attention of more than 300 guests, including representatives from the culture and food industries, along with politicians like US Representative Charles Rangel.

The Jogye Order delegation had more than 30 members, including abbots of major Korean temples.

Currently, 130 Korean Buddhist monks engage in religious activities overseas, and there are  144 Korean Buddhist temples worldwide, nearly 80 of which are in the United States.

By Yoon Sojung
Korea.net Staff Writer

Now, outside the press release hype, here is some reality. The Kwan Um School of Zen is the largest Zen Organization in the West; although they are reorganizing as of this post they will most likely remain so for the foreseeable future. There is some confusion about the connection with Kwan Um and the Korean Jogye order that I'd like to address. Many, (almost all) of the monks in the Kwan Um School of Zen are not recognized as monks in the Jogye Order. Now recently, many of the monks have been crossing over and receiving tonsure in the Jogye Order directly; however, the relationship between the Jogye Order and the Kwan Um School of Zen has its political problems.

I am not implying that Kwan Um Monks or Students are somehow less than Korean Monks or practitioners, yet I can tell you from experience that when visiting Korea or China most of the lay teachers and students were not allowed to wear their robes in the presence of Jogye Monks. The Kwan Um monks were tolerated only because they had shaved heads. 

I believe that there is a faction within the Kwan Um School that is trying to bridge that gap and narrow the differences that are perceived by the Jogye Order and it may or may not be spanned over time. The point is that there is a major distinction in the minds of the Koreans about what constitutes a monk and there is much fervor and nationalism involved here.

There is an old movement in the West that has found a new direction and is trying to establish an authentic lineage of Korean Buddhism here in the West and it is headed by a long time Jogye Monk who has worked for over 25 years in trying to establish an authentic Korean Lineage in the West. This renowned figure, who will for the purposes of this post remain nameless, commented on this recent conference, and due to issues that I would like to remain out of I will quote anonymously. Just be aware that there is a new movement in the West which is establishing an authentic and accepted lineage of Korean Zen in the West, and their leader recently stated the following about this meeting that took place.

"I attended the Chogye Order's conference, which was advertised as "Globalization of Korean Buddhism"...What I got from the conference was that the Chogye order is more interested in focusing on Korean immigrants rather than connecting with Westerners. There was no interest by Chogye Officials during the conference in expanding outreach education in Western Languages to Westerners who might be willing to study Korean Buddhism; furthermore, there was an overwhelming lack of support for Western locations that would allow native Westerners to become a Korean Zen monk in their own country. They do not get to the point...I was very disappointed."

Printing and Buddhism in China

The Diamond Sūtra, The World’s Earliest Dated Printed Book from AD 868

Woodblock printing in China is strongly associated with Buddhism, which encouraged the spread of its teachings. In the Tang Dynasty, a Chinese writer named Fenzhi first mentioned in his book Yuan Xian San Ji that the woodblock was used to print Buddhist scriptures during the Zhenguan years (627~649 ACE).

An early example of woodblock printing on paper, was discovered in 1974 in an excavation in Xi’an (then called Chang’an, the capital of Tang Dynasty), Shaanxi, China, whereby individual sheets of paper were pressed into wooden blocks with the text and illustrations carved into them. It is a Dhāraṇī sūtra printed on hemp paper and dated to 650 to 670 ACE, during Tang Dynasty (618–907). Another printed document dating to the early half of the Chinese Tang Dynasty has also been found, the Saddharmapuṇḍarīka Sūtra printed from 690 to 699.

A woodblock print of a Dhāraṇī sūtra dated between 704 and 751 ACE was found at Bulguk-sa, South Korea in 1966. Its Buddhist text was printed on a 8-× 630 cm (3.1" ×-250") mulberry paper scroll in the early Korean Kingdom of Unified Silla. Another version of a Dhāraṇī sūtra, printed in Japan around 770 ACE, is also frequently cited as an example of early printing. One million copies of the sūtra, along with other prayers, were ordered to be produced by Empress Shōtoku. As each copy was then stored in a tiny wooden pagoda, the copies are together known as the Hyakumantō Dhāraṇī (百万塔陀羅尼, One Million Pagodas Dhāraṇī).

The world’s earliest dated (868 ACE) printed book is a Chinese scroll about sixteen feet long and containing the text of the Diamond Sūtra. It was found in 1907 by the archaeologist Sir Marc Aurel Stein in Mogao Caves in Dunhuang, and is now in the British Museum. The book displays a great maturity of design and layout and speaks of a considerable ancestry for woodblock printing. The colophon, at the inner end, reads: Reverently [caused to be] made for universal free distribution by Wang Jie on behalf of his two parents on the 13th of the 4th moon of the 9th year of Xiantong [i.e. 11 May, 868 ACE] .

In late 10th century China the complete Buddhist Tripiṭaka of 130,000 pages was printed with blocks, which took between 1080 and 1102, and many other very long works were printed. Early books were on scrolls, but other book formats were developed. First came the Jingzhe zhuang or “sūtra binding”, a scroll folded concertina-wise, which avoided the need to unroll half a scroll to see a passage in the middle. About AD 1000 “butterfly binding” was developed; two pages were printed on a sheet, which was then folded inwards. The sheets were then pasted together at the fold to make a codex with alternate openings of printed and blank pairs of pages. In the fourteenth century the folding was reversed outwards to give continuous printed pages, each backed by a blank hidden page. Later the bindings were sewn rather than pasted. Only relatively small volumes (juan) were bound up, and several of these would be enclosed in a cover called a tao, with wooden boards at front and back, and loops and pegs to close up the book when not in use. For example one complete Tripiṭaka had over 6,400 juan in 595 tao.

Map without Buddhist temples sparks anger

By John Choi, Seoul

A newly issued map of Korea’s Jeju island, which does not indicate Buddhist temples although Christian churches are marked out, has sparked the anger of Buddhists.

The Jeju Special Self-governing Province began distributing 250,000 copies of its new map from Sept. 14. The map shows the new addressing system which comes into effect in 2012.

However, it does not show Buddhist temples while Catholic and Protestant churches are listed.

“This is an obvious discrimination against Buddhism,” Park Jong-chan, coordinator of the Religious Peace Committee of Jogye Order, the country’s largest Buddhist denomination, told ucanews.com.

“Two years ago, the same thing occurred and it sparked a Buddhist rally. The Jeju government should have been careful about this.”

In 2008, a Seoul transport information system map omitted all Buddhist temples on a map of the city but included even small Protestant churches.

This led some 200,000 Buddhists to hold demonstrations in protest.

“We will ask the Jeju government to give a full account of the matter and correct the map,” said Park.

A Jeju government official told ucanews.com yesterday: “We gave information on 150 temples to the map manufacturer but they made a mistake in omitting the temples. We will correct the mistake when printing the next map.”

According to 2005 South Korean government statistics, just under half of the population then expressed no religious preference. Of the rest, 29.2 percent of the population was Christian and 22.8 percent Buddhist.

Steven Colbert in Congress

(CBS/AP) House Judiciary Committee Chairman John Conyers told Stephen Colbert how happy he was that the comedian's appearance filled the seats for a hearing on illegal farm workers. Then he tried to kick him out.
Before the Comedy Central comedian launched into his joke-filled testimony, Conyers said he couldn't remember when a hearing drew such a crowd. California Democrat Zoe Lofgren guessed it might have been for the impeachment of President Bill Clinton.
But then Conyers, a Michigan Democrat, asked Colbert to leave the room, saying: "You run your show, we run the committee."
Colbert, who recently spent a day picking vegetables on a farm in New York, said he was there at the invitation of subcommittee chairman Lofgren. Lofgren signaled that he should stay.
Conyers later withdrew his request.
In his opening statement, which Conyers noted afterward differed from the written remarks submitted to the committee, Colbert maintained the tongue-in-cheek conservative persona that marks his late-night comedy show "The Colbert Report."
"I don't want a tomato picked by a Mexican," he said. "I want it picked by an American. And sliced by a Guatemalan and served by a Venezuelan, in a spa, where a Chilean gives me a Brazilian."
Colbert said he was happy to "use my celebrity to draw attention to this important, complicated issue. I certainly hope that my star power can bump this hearing all the way up to C-Span 1"
He also offered mock solutions to the problem of overdependence on immigrant farm labor, suggesting the "obvious answer is for all of us to stop eating fruits and vegetables."
"And if you look at the recent obesity statistics, you'll see that many Americans have already started," he added.

108 Bows Revisited

I have posted a few posts about bowing in the past, 108 Bows and I came across the below list on Johnny on the road. I haven't seen this before but I thought I'd share with everyone.


Before bowing, I prepare the proper mindset:

- Bowing is one way to purify myself.

- Through bowing, I learn how to humble myself and how to have a healthy body and mind.

- I bow to realize that others' lives are just as valuable as mine.

- I bow to get rid of my selfishness.

- I bow because it is the desire of my true self.

- I bow for all living things, and for peace in the universe.

1. I bow to wonder where I came from and where I am and where I am going.

2. I bow to appreciate my parents for giving birth to me.

3. I bow to think about who I am.

4. I bow to find my true self.

5. I bow to always appreciate my body and spirit.

6. I bow for the well-being of my body and spirit.

7. I bow to think about my true desires.

8. I bow to find myself and to learn how to control myself.

9. I bow to appreciate the life I live today.

10. I bow to give thanks for being alive.

11. I bow to think about how much I love myself.

12. I bow to be able to always love my family.

13. I bow to feel happiness and peace of mind through love.

14. I bow to look for happiness only through love.

15. I bow to know that unchangeable love is flowing through the universe.

16. I bow to the teacher who has shown me the right way.

17. I bow to feel that love originates inside me.

18. I bow to reflect that my teacher's lessons are inside me.

19. I bow to feel that all living things, and the universe, are inside me.

20. I bow to remember that my ancestors and gods are inside me.

21. I bow to ask for forgiveness from the people I have hurt, because it hurts the whole universe.

22. I bow to take care of myself and not to do bad things.

23. I bow to rid myself of arrogance.

24. I bow to rid myself of false humility, even if I am in bad circumstances.

25. I bow to call attention to the good in others, but not the bad.

26. I bow to keep others' secrets.

27. I bow to rid myself of hatred of others.

28. I bow to rid myself of anger against others.

29. I bow to not repeat anything I have not heard.

30. I bow to not repeat anything I have not seen.

31. I bow to always be ready, but not to expect things to be easy.

32. I bow to avoid expecting obedience from others.

33. I bow to avoid expecting difficulty in my life.

34. I bow to make the best of each moment in my life.

35. I bow to live a righteous life.

36. I bow to repay even the smallest debt of gratitude.

37. I bow to not put my own needs over the needs of others.

38. I bow to not be stingy to others.

39. I bow to not harm others in order to get ahead.

40. I bow to try not to obtain valuable things with little effort.

41. I bow to have the power to control my desires.

42. I bow to reflect that life is more valuable than anything else.

43. I bow to know that suffering comes from an attached mind.

44. I bow to avoid making foolish mistakes out of ignorance.

45. I bow to try to attain deep wisdom.

46. I bow to learn to be nice to people, even if I have negative feelings toward them.

47. I bow to avoid clinging to the strong in order to hurt those who are weaker than me.

48. I bow to be honest with myself, and also to avoid flattering others.

49. I bow to be true and honest with myself above all others.

50. I bow to know that happiness, unhappiness, and desire are all within my mind.

52. I bow to realize the value of living a smooth, peaceful life.

53. I bow to avoid looking back at the past, and to not worry about the future.

54. I bow to own possessions, but not to be controlled by them.

55. I bow to know that I can find peace by being patient.

56. I bow to know that having a repentant mind is the best mind.

57. I bow to find freedom through wisdom.

58. I bow to control my mind, not to be controlled by it.

59. I bow to be diligent in my efforts to improve myself.

60. I bow to be thankful for the hard times I have had, because they have made me strong.

61. I bow to keep my original pure mind, even when time passes.

62. I bow to pray with a thankful mind for everything.

63. I bow to be thankful that I can find myself in silence.

64. I bow to reflect on the value of living a pure, honest life.

65. I bow for the people who are working in bad conditions.

66. I bow for the people who are starving, poor, and living hard lives.

67. I bow for the people who work to provide me with healthy food.

68. I bow to have a generous mind, even if I don't have enough for myself.

69. I bow for the precious lives of my children, who I have brought into the world.

70. I bow for my partner, who became one with me through love.

71. I bow for all disabled people.

72. I bow for friends who have been beside me, sharing my laughter and tears.

73. I bow for moderation, even when I have enough to waste.

74. I bow for a humble mind.

75. I bow for humility, so that I can always put others first.

76. I bow to realize that nature is being destroyed.

77. I bow to realize that all lives are interconnected.

78. I bow for all the lives destroyed by the greed of humanity.

79. I bow for all the ecosystems that are recovering after being hurt by humanity.

80. I bow to listen to the sounds of life that are all around me.

81. I bow to realize that my life is the movement of my soul.

82. I bow to realize that the object of love and longing is life.

83. I bow to feel my soul being purified when I hear the sound of a clean, clear stream.

84. I bow to give thanks for being able to hear and enjoy the beautiful songs of birds.

85. I bow to be refreshed by the feeling of a cool breeze.

86. I bow to be thankful as I breathe in fresh air.

87. I bow to be thankful for the sight of beautiful wildflowers that are always present.

88. I bow to give thanks for the mountains and landscapes that speak to me through wind and snow.

89. I bow to the Earth, which feeds all living things.

90. I bow to the sky, which gives life to all living things.

91. I bow for my own peace.

92. I bow to hope for peace in everything around me.

93. I bow for the peace of my neighbor.

94. I bow for peace within countries that have been separated for no reason.

95. I bow for peace between countries arguing for political reasons.

96. I bow for peace and harmony among all religions.

97. I bow to hope for peace in all dead and living things.

98. I bow to hope for peace between human beings and nature.

99. I bow for a mind that is enlightened and peaceful

100. I bow for harmony between the poor and the rich.

101. I bow for harmony between the sick and the healthy.

102. I bow for harmony between those who have learned and those who have not.

103. I bow for those who have fallen into darkness.

104. I bow to accept all of the things I have done.

105. I bow to be thankful for all of the people who love me and take care of me.

106. I bow to be thankful for all of the good and beautiful things in my life.

107. I bow to be thankful for my life and to reflect on the lives that are yet to be.

108. I bow for myself, realizing that my own precious life is like the universe.108 Bows

Jack Kerouac again

For those who haven't actually heard Jack read his work, it is mesmerizing. We miss you Jack.

Where are all our poets today

Back in 1964 Bob Dylan wrote this song, its meanings and imagery apply as much today as they did 46 years ago. This song should be sung in every corner of the US today. 

Chimes Of Freedom

Far between sundown’s finish an’ midnight’s broken toll
We ducked inside the doorway, thunder crashing
As majestic bells of bolts struck shadows in the sounds
Seeming to be the chimes of freedom flashing
Flashing for the warriors whose strength is not to fight
Flashing for the refugees on the unarmed road of flight
An’ for each an’ ev’ry underdog soldier in the night
An’ we gazed upon the chimes of freedom flashing

In the city’s melted furnace, unexpectedly we watched
With faces hidden while the walls were tightening
As the echo of the wedding bells before the blowin’ rain
Dissolved into the bells of the lightning
Tolling for the rebel, tolling for the rake
Tolling for the luckless, the abandoned an’ forsaked
Tolling for the outcast, burnin’ constantly at stake
An’ we gazed upon the chimes of freedom flashing

Through the mad mystic hammering of the wild ripping hail
The sky cracked its poems in naked wonder
That the clinging of the church bells blew far into the breeze
Leaving only bells of lightning and its thunder
Striking for the gentle, striking for the kind
Striking for the guardians and protectors of the mind
An’ the unpawned painter behind beyond his rightful time
An’ we gazed upon the chimes of freedom flashing

Through the wild cathedral evening the rain unraveled tales
For the disrobed faceless forms of no position
Tolling for the tongues with no place to bring their thoughts
All down in taken-for-granted situations
Tolling for the deaf an’ blind, tolling for the mute
Tolling for the mistreated, mateless mother, the mistitled prostitute
For the misdemeanor outlaw, chased an’ cheated by pursuit
An’ we gazed upon the chimes of freedom flashing

Even though a cloud’s white curtain in a far-off corner flashed
An’ the hypnotic splattered mist was slowly lifting
Electric light still struck like arrows, fired but for the ones
Condemned to drift or else be kept from drifting
Tolling for the searching ones, on their speechless, seeking trail
For the lonesome-hearted lovers with too personal a tale
An’ for each unharmful, gentle soul misplaced inside a jail
An’ we gazed upon the chimes of freedom flashing

Starry-eyed an’ laughing as I recall when we were caught
Trapped by no track of hours for they hanged suspended
As we listened one last time an’ we watched with one last look
Spellbound an’ swallowed ’til the tolling ended
Tolling for the aching ones whose wounds cannot be nursed
For the countless confused, accused, misused, strung-out ones an’ worse
An’ for every hung-up person in the whole wide universe
An’ we gazed upon the chimes of freedom flashing

Copyright © 1964 by Warner Bros. Inc.; renewed 1992 by Special Rider Music

the love religion

the Lord of the two worlds,

worship is sweet on my lips

all creation springs forth

within the witness of your presence.

every word is your praise and eulogy

within presence in passion and harmony.

All begins with your heart,

all blessings end within your presence.

praise is just a manifestation

you are Allah of transcendent wisdom.

Allah huu Allah huu

Allah huu Allah huu

Sufi mystic chants.

The time when there was neither land nor the world

nor moon, sun or the sky,

when truth was not known,

there was nothing beyond you.

When the prophet ascended to heaven

no veil between master and servant.

angels cry secretly to the Prophet

only the truth exists.

why did the son of Haider drink the cup of annihilation?

why did Tabrez agree to be martyred?

what did Mansoor say on the gallows?

all these paths yet you remained the same.

no argument for the master of all

an entire world pines for you.

splendor is manifest everywhere

No one can be associated,

you are the master of the world.

each creation reflects your glory

all creations chant your name.,

The beauty of your essence is perfect

you are the master of essence,

and are without decline.

the one who glows

a new radiance every moment

which perplexes yearning eyes.

sing praise of creation

the leaves of omnipotence.

O! the unique one

imagination and inquisitiveness,

a wish

a light

the voice of heart

you were there,

you are there

and you are always here.

this is my poor attempt at a version of the chant.

Religious Freedom in America

With all the sensationalism about the building of a Muslim Community Center in New York, I thought I would take a few moments to reflect on this issue and how it is not just limited to followers of the Muslim faith wishing to establish places of service and worship. The fundamental issue that has many individuals who have come out in support of the Community Center is centered in their concern for Religious Tolerance and freedom, which is guaranteed under the Constitution of the United States.

I have had some firsthand experience with this during my twenty-three year long career as a Zen Buddhist and Abbot of several Zen Centers. About twelve years ago, I was sent a letter by local City Officials informing me that I would be arrested if I continued to run an Illegal Church (Zen Center). I was in final negotiations for purchasing the property for our local group, and would have already done so if our application for 501 (c) 3 had already been approved. Due to my ignorance at that time I was not aware of the way that cities managed zoning issues and in fact really didn’t know what zoning was other than knowing that cities had Retail, Industrial and Residential areas.

What followed was a long and interesting series of city council and planning meetings, long drawn out debates and finally the closing of the Zen Center and a search for a new home. One interesting tidbit of information I discovered is that no cities in the US have areas that are pre-zoned for Religious use. Any time a group or individual wants to establish a Religious center they must apply to the local city planning commission and establish a variance in order to open said center. This is a fairly complex process and involves contacting all nearby land owners of the proposal, posting public notices of the intention, inviting land owners and the general public to open hearings, and ultimately allow the city planning commission employee’s to rule on your ‘variance.’

One point that is often overlooked in these cases is that if the group or individual wants to open a place of Religious Use in a particular location they must have the variance prior to opening their doors for business. Therefore, if you are a small group and wish to open a small group in your local shopping center or a small industrial complex you must first have your variance approved. The approval process usually takes a minimum of three months and these requests can go on for years. The problem with this is that the group must invest in either rent or purchase of the location without knowing whether the local government officials will approve their application. Consequently, large amounts of capital are required up front with no guarantee of success in the end. For small Zen Centers, as well as other small Religious Communities, this can be a huge hindrance to the successful implementation of the center.

I know that there are a huge number of ‘illegal Zen centers’ in the US today. Many of the participants are not aware of the laws governing them, and the group may be established for years and have a large investment in their location. The tenuousness of such a group is that all it takes is one influential neighbor to contact the right people in their local city government to shut down group pending review of the case.

The Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub. L 106-274, 42 U.S.C. § 2000cc-1 et seq. is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as giving churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use. It was enacted by the United States Congress in 2000 to correct the problems of the Religious Freedom Restoration Act (RFRA) of 1993. The act was passed in both the House of Representatives and the Senate by unanimous consent in voice votes, meaning that no objection was raised to its passage, so no vote was taken.

In religious land use disputes, RLUIPA’s general rule is the most commonly cited and challenged section. It provides:

General rule. No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government can demonstrate that imposition of the burden on that person, assembly or institution is in furtherance of a compelling governmental interest; and is the least restrictive means of furthering that compelling governmental interest.

Scope of Application. This subsection applies in any case in which—the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; or the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.

42 U.S.C. § 2000cc-5(a).

During these disputes, the correct interpretation of the term “land use regulation” is almost always an issue. The statute defines “land use regulation” as “a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant’s use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest.” 42 U.S.C. § 2000cc-5(5).

The above law was enacted to give the Federal Government the right to challenge local city governments over their decisions to reject Religious Land use. The reality of this is that every day local governments are dictating whether or not to allow religious groups to establish places of worship.

From my standpoint the question about the Muslim Community Center in New York is not limited to that particular site. Just recently, the U.S. Justice Department filed suit against the city of Walnut, alleging it violated federal law when the city rejected a conditional use permit to build a Buddhist house of worship.

The lawsuit filed in U.S. District Court in Los Angeles alleges that until the Chung Tai Zen Center's application was denied in January 2008, Walnut had not turned down any application for a conditional use permit to build, expand or operate a house of worship for almost thirty years.

The complaint further alleges that Walnut treated the Zen Center differently than similarly situated religious and non-religious facilities.

For example, according to the complaint, in August 2008, the city approved a conditional use permit for a Catholic church that, when completed, will be larger than the Zen Center's proposed facility.

The government's complaint seeks a court order declaring that the actions of the city with respect to the Zen Center violated the Religious Land Use and Institutionalized Persons Act of 2000. The law prohibits religious discrimination in land use and zoning decisions.

"Religious freedom is among our most cherished rights, and our nation's laws prohibit cities and towns from discriminating based on religion when they make zoning decisions related to houses of worship,'' said Thomas Perez, assistant attorney general of the Justice Department's civil rights division. "No faith should be singled out for inferior treatment when it seeks to build a house of worship in compliance with local zoning laws,'' he said. The lawsuit also seeks an injunction to prohibit the city from discriminating against the Zen Center and other religious entities and institutions that seek to operate in Walnut.

On Aug. 26, 2008 the City Council of Virginia Beach, VA voted to deny local Buddhist monks their request for a two-year extension to hold Sunday services at their house on West Neck Road. Some neighbors had complained that the services drew too much traffic and was inappropriate for a primarily residential and farming community.

Deputy City Attorney Bill Macali said he has not seen the suit but maintained that the council made its decision based on land-use issues, not religion. "The City Council did not take into account that this was a Buddhist temple," Macali said.

The Religious Land Use and Institutionalized Persons Act prohibits localities from adopting zoning that "imposes a substantial burden" on people's ability to practice their religion unless there is a compelling governmental reason. The law also requires that religious and non-religious institutions are treated the same. [The monks' lawyer] said the council failed to provide a compelling reason to deny the permit.

Few cases better illustrate the arbitrary and even whimsical way in which local zoning boards often cavalierly reject petitions for special use permits than the case of Pine Hill Zendo v. the Town of Bedford, New York.

The Pine Hill Zendo is a Rinzai Zen Buddhist center with a resident teacher, and consists of a meditation room in the home of John and Angela Mortensen. The room has been purified by a Buddhist abbot, and for a few hours four days a week, the zendo's eleven members gather at the house for silent meditation, brief liturgies and instruction.

Born and raised in Denmark, John Mortensen became interested in Buddhism while in college in Copenhagen in 1971. After trying unsuccessfully to join a Buddhist monastery in Japan, he came to New York to study at the Dai Bosatsu Zendo monastery in the Catskills.

In 1980 he was ordained a Rinzai Zen Buddhist monk, becoming Denko John Mortensen. While serving at a Buddhist temple in New York City he met Angela (also a Buddhist), and after they were married, the couple settled into her home on Garlen Road, where Pine Hill Zendo is located.

In 1998, Mortensen was certified a Dharma teacher, and he and his wife Angela began searching for a place for him to teach, however, as is the case with most emerging Zen Centers they were unable to find a location they could afford. Angela Mortensen then asked the town planning department what might be required for them to use their home for religious observances, and were told to simply go ahead. Pine Hill Zendo was formed, and for two years religious observances took place in the house without incident.

In the spring of 2001, however, a neighbor complained to the Town Planning Board, and the Mortensens were asked to apply for a special use permit that would allow them to use the home as a "church or other place of worship," although neither of those terms is defined anywhere in the Town zoning ordinance. The Zoning Board of Appeals held a hearing on the application on September 5, 2001, and a group of neighbors appeared in opposition. None claimed that they had been harmed or even inconvenienced by Pine Hill Zendo during the previous two years. One resident even testified that other neighbors told her they had never seen or heard anything, and did not even realize the Zendo existed. Opponents simply speculated that traffic and parking problems might develop.

The ZBA rejected the application for a special use permit, citing "issues related to traffic and on-street parking," although on-street parking is permitted in the area at any time except for overnight hours during the winter months. And, incongruously, the Board cited concern over noise, despite the fact that the Zendo's primary activity is silent meditation.

On November 2, 2001 The Becket Fund for Religious Liberty joined the case. On November 6, 2001, Pine Hill Zendo filed suit against the Bedford ZBA in the Supreme Court for the County of Westchester, New York, seeking reversal of the Board's decision. The complaint charged that the Board used an erroneous standard for determining whether religious activities are entitled to a special use permit. It also alleged that the Town's actions violate RLUIPA and the U.S. and New York Constitutions.

Settlement: On April 8, 2002, the Town of Bedford agreed to a Stipulation of Settlement and Discontinuance in which it agreed: 1) to vacate the decision in which the ZBA denied the special permit; 2) agreed to issue a special permit; 3) specified conditions under which Pine Hill Zendo would be allowed to operate, including a limit of 12 persons gathered for worship and/or meditation at any one time, no more than 5 overnight guests, a limit of 6 one day retreats per year, and "all reasonable efforts" to encourage attendees to avoid on-street parking. The Town also agreed to pay $30,000 in attorney's fees and costs to Pine Hill Zendo.

Not all cases end up in a fair compromise with the Religious group, or are even based upon community opposition, as was the case of the Faith Temple Church vs. Town of Brighton. The Plaintiff in this case was the Faith Temple Church (Faith Temple), which brought an action to stop the defendant, the Town of Brighton (the Town), from condemning its property through their exercise of eminent domain. Faith Temple was a church that had outgrown its needs at its original location. In order to accommodate its larger congregation, it negotiated and eventually purchased a 66-acre parcel of land in January 2004. Unknown to the Church Leaders was that in its Comprehensive Plan for the year of 2000, the Town had included a recommendation that this parcel be acquired by the city at some point in the future. The purpose of the acquisition was to expand an adjacent town-owned park. After an extensive search for a suitable location the church purchased the land in good faith that their application would be approved, however, when the Town received their application they immediately initiated condemnation proceedings in the spring of 2004.

RLUIPA’s application to eminent domain was at issue in this case because Faith Temple argued that the recommendation in the Town’s Comprehensive Plan was essentially a “zoning law.” Further, if the recommendation was a zoning law, then Faith Temple argued that condemnation was "the application of a zoning law" and was a violation of RLUIPA.

The Court held that RLUIPA was inapplicable to this case. The judge found that the connection between zoning and eminent domain in this case was "too attenuated to constitute the application of a zoning law." Therefore, summary judgment was granted in favor of the Town, denying injunctive relief.

There are many more examples of such actions taken against Synagogues, Churches and Mosques trying to establish places of worship in the US. I think the reason some are so concerned about the New York Muslim Community Center stems from the tenuousness of religious freedom in America. The prevailing sentiment in certain parts of this country seems to be that we can believe anything we want, just do not do it near my neighborhood, my home, my…, my…, my……

I hope that this post sheds some light on an often-overlooked aspect of the state of religious freedom in America today.