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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBay View is for many an idyllic community, only practicing Christians can own property
Bay View is for many an idyllic community but a lawsuit will test its rule that only practicing Christians can own property.
Prospective homeowners, according to a bylaw introduced in 1947 and strengthened in 1986, are required to produce evidence of their faith. Photograph: Alamy Stock Photo
Tucked away in Michigans Lower Peninsula, somewhere along the winding roads that hug Great Lakes shores, is an idyllic town named Bay View. For more than a century, generations of Bay Viewers have congregated here to share in summer activities.
What started out as a modest camping ground for Methodist families 140 years ago has quietly developed into a stunning vacation spot for people who can afford the upkeep of a second home. Streets named Moss, Fern and Maple are dotted with impeccably maintained century-old gingerbread cottages. Over the horizon, residents can watch lifelong friends sail their boats across the water.
But this paradise is not open to all.
In Bay View, only practicing Christians are allowed to buy houses, or even inherit them.
Prospective homeowners, according to a bylaw introduced in 1947 and strengthened in 1986, are required to produce evidence of their faith by providing among other things a letter from a Christian minister testifying to their active participation in a church.
https://www.theguardian.com/us-news/2018/feb/09/christians-only-town-bay-view-michigan?utm_source=esp&utm_medium=Email&utm_campaign=GU+Today+USA+-+Collections+2017&utm_term=263514&subid=17536001&CMP=GT_US_collection
samnsara
(17,634 posts)MineralMan
(146,325 posts)but such a challenge might not succeed. Besides, it doesn't sound like a place most non-Christians would want to live, anyhow.
Bottom line is that I doubt such a court challenge would succeed. Since religious belief is something people choose, rather than being an inborn characteristic, I'd think it would be a difficult case to argue.
ProfessorGAC
(65,159 posts)The person suing would have true standing as the heir to the property. To tell someone that cannot abide in their own property would be a tough sell in court.
MineralMan
(146,325 posts)It's a moronic bylaw, in the first place. I wouldn't live in such a place, and would liquidate the house if I inherited it and use the proceeds to buy a house in a sane neighborhood.
RKP5637
(67,112 posts)ProfessorGAC
(65,159 posts)Although i might go to court just to mess with them.
kcr
(15,318 posts)RKP5637
(67,112 posts)arthurgoodwin
(38 posts)I would think this would be an easy slam-dunk win for the party bring suit to end the covenant.
In general, exclusionary covenants on property have been determined to be illegal many, many times in court; starting with the US Supreme Court case Shelley vs Kramer in 1948.
Specifically, also, would not the Fair Housing Act (Title VIII of the Civil Rights Act of 1968) apply? As that act outlawed housing discrimination based on race, color, religion, sex, or national origin.
SWBTATTReg
(22,156 posts)considering just about anyone can get ordained online and/or thus obtain such a letter from such a minister. How is level of participation defined as well as what constitutes a church? Rather vague.
In the in the Missouri Ozarks, you'd be might be amazed at how many ordained ministers by mail I ran into, as well as their 'churches' or 'houses of worship' that were their homes. So much so that I accepted it as a fact of life growing up. We didn't view it 100% strange (although some churches encountered were the 'get out of the my house NOW!' type of churches and members)).
And to be fair, quite a few (very few) of these people I often ran into were better ministers/conveyers of the 'faith' than some of the 'organized' religions were.
I was concerned most of all w/ these guys/gals and their 'churches' mostly not the impact on me, but impacting my dad and grandmother (bless them both, rip), both of whom in their later days had severe Alzheimer's, and were prone to giving away stuff/money w/o thinking, when these people came knocking on their doors and asking for money, and also trying to preach to them. I ended up running them off my dad's property a couple of times.
ProfessorGAC
(65,159 posts)You get ordained on line, buy the house, declare the house your church, and your evidence of faith is that you live in a church!
SWBTATTReg
(22,156 posts)taking advantage of the human condition is pathetic.