Editorial: Wedding fight should end with weddings
Published 12:00 am Thursday, July 5, 2018
- John Shepherd, center, conducts a wedding rehearsal on his property at Shepherdsfield, near Sisters in 2014. (Andy Tullis/Bulletin file photo)
John Shepherd may be near the end of a battle he’s been fighting for years. The Deschutes County Commission is likely once again to allow Shepherd, pastor of Shepherdsfield Church, to hold a limited number of weddings and wedding receptions on his rural property near Sisters.
The final, and correct, decision is expected on July 11.
At least it should be the final decision. The fight has gone on long enough.
Shepherd actually began holding weddings on the property as long ago as 1999. He did so without formal approval from the county, which turned down his request for a permit in late 2013. It did grant one in 2017, though the decision was appealed by Central Oregon LandWatch.
Shepherdsfield Church is located in John Shepherd’s house, on land that’s in what is called a Wildlife Area Combining Zone, an overlay that provides extra protection for wildlife in the area. The county prohibited churches, golf courses and some other uses in the zone, though cemeteries, wineries and agritourism businesses are allowed.
There’s a problem, however. The federal Religious Land Use and Institutionalized Persons Act, adopted in 2000, bars cities and counties from using zoning as a way to prevent people from worshiping, and Shepherd has threatened a lawsuit based on that law if the county denies him the right to hold weddings on the property.
In January the commission removed churches from the prohibited activities in the zone. Central Oregon LandWatch again appealed to the Land Use Board of Appeals, which remanded the change to the commission. The commission is appealing that decision to the state Court of Appeals.
Meanwhile, assuming the commission approves Shepherd’s request to hold weddings, it will do so in part because the action would shield the commission from lawsuits under the federal law.
In the end, the commission’s choice is the right one. The federal law is clear that zoning cannot be used to prevent religious activity, which is also protected by the First Amendment. Shepherd should be allowed to hold weddings.