Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: Tree of Life Christian Schools v. City of Upper Arlington
Explainer: Tree of Life Christian Schools v. City of Upper Arlington
Nov 4, 2025 5:03 AM

On Monday, May 13, the U.S. Supreme Court let stand a lower court ruling that politicians can legally forbid churches from expanding their ministries in order to maximize the government’s tax revenues. Justices declined to hear the case Tree of Life Christian Schools v. City of Upper Arlington.

What happened in the Tree of Life Christian Schools case?

Briefly, the Tree of Life Christian Schools serves 583 students, 44 percent of whom are ethnic minorities. A robust 99 percent of their graduates go on to attend college. The ministry’s primary purpose is “to assist parents and the Church in educating and nurturing young lives in Christ.”

To further its impact, the school planned to double enrollment to 1,200 by consolidating its three campuses – two of which serve children from preschool through fifth grade, and one serves sixth grade through high school – into a central location.

Tree of Life purchased the abandoned, 254,000-square-foot AOL/Time Warner building in the elite Columbus suburb of Upper Arlington, Ohio, in 2009. However, the city had warned the congregation before the purchase was finalized that its office park was zoned mercial activity, and a school would not be permitted. Tree of Life proceeded with the purchase anyway before seeking legal permission to operate a school in that location. It then petitioned for a change.

Upper Arlington leaders declined to rezone the property for nonprofit use, because mercial purchaser would generate more funds for politicians to spend. The school would “significantly diminish expected tax revenues per square foot due to relatively low salaries and low density of professionals per square foot,” they held. The case soon went to court.

U.S. District Judge George C. Smith, a Reagan appointee, ruled against the schools. A panel of the Sixth Circuit Court of Appeals overturned the ruling on the grounds that Religious Land Use and Institutionalized Persons Act (RLUIPA) – which passed both houses of Congress unanimously and was signed into law by President Bill Clinton in 2000 – “does not allow the government to treat more favorably land uses that, like TOL Christian Schools, fail to maximize the government’s e-tax revenue.”

However, the full appeals court sided with the city, and the Supreme Court refused to intervene.

The Justice Department’s examples of potential RLUIPA bans include “a town, seeking to preserve tax revenues” that banned all nonprofit religious activity. It added that refusing a church “a permit to build an addition to modate more Sunday school classes, which it believes it needs to carry out its religious mission … may violate RLUIPA if the town cannot show pelling reason for the denial” and that it is using the least restrictive means available.

Churches and nonprofits often clash with politicians, who balk at their tax-exempt status. Prudence dictates that the school should have secured government permission to use the building for its intended purpose before finalizing the purchase. (See St. Luke 14:28-30, St. Matthew 22:16-21, and Romans 13:1-7.) And one can sympathize with city officials. Upper Arlington is a wealthy munity with just 4.7 percent of usable land mercial. AOL/Time Warner once provided 29 percent of the city’s funds.

But the government’s single-minded focus on obtaining the highest possible tax revenue is government-centered, short-sighted, and potentially discriminatory.

First, there is the revenue lost because the property is lying dormant. Tree of Life Christians Schools would have brought a total of 275 jobs into Upper Arlington, and the city “has already forfeited roughly $1 million in tax revenue” during its eight-year legal battle, according to the Alliance Defending Freedom.

However, the city misses a panoply of other direct and indirect economic benefits that churches provide.

Religious institutions benefit every aspect of the economy penetrated by their message of hope, love, and philanthropy. Faith-based institutions contribute at least $1.2 trillion in economic activity to the U.S. economy annually, according to one survey. Congregations offer a variety of effective social services to all members of munity, especially the most vulnerable. And Christian schools provide instruction in moral and religious principles that curb delinquency and social disintegration. While attending to its fiduciary responsibilities, the government of this wealthy suburb should see church activity as a benefit at least on par with providing cable television.

Politicians must understand that promoting their constituents’ well-being involves more than maximizing their own share of revenue.

of Life Christians Schools’ campus. Alliance Defending Freedom.)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Jennifer Roback Morse on the economic consequences of family breakdown
The 2018 Acton Lecture series got off to a great start yesterday with an address by Jennifer Roback Morse, a longtime friend and collaborator with the Acton Institute. She addressed how the breakdown of the family unit within culture generates significant problems, both socially and economically, and suggested some ways we can all work to address the issue going forward. We’re happy to share the video with you below; we also want to make sure you know about our Acton...
What the ‘Czech Trump’ means for Church property and immigration
In an election that CNN named “one to watch,” Czech voters re-elected a president Western media outlets have dubbed “the European Trump.” The vote could have ramifications for EU integration, Muslim migration to Europe, and the pilfered property of the Christian Church. Miloš Zeman edged out his more Eurocentric opponent, Jiří Drahoš, a political novice, on Saturday, by 51-49 percent. Zeman’s modestly skeptical view of the EU is underlined by his support for Russia and, to a lesser degree, China....
What is moral hazard?
Note: This is post #66 in a weekly video series on basic microeconomics. Imagine you take your car in to the shop for routine service and the mechanic says you need a number of repairs. Do you really need them? The mechanic certainly knows more about car repair than you do, but it’s hard to tell whether he’s correct or even telling the truth. You certainly don’t want to pay for repairs you don’t need. Sometimes, when one party has...
Why is the State of the Union always ‘strong’?
I have a can’t miss prediction: tonight, when President Trump gives his first State of the Union address, he will describe the state of the union as “strong.” (I’ve made this prediction on this blog the past several years, so I’m hoping for a quadfecta of prescience tonight.) Admittedly, predicting that the state of our union will be described as “strong” is about as safe a bet as you can make when es to politics. Over the last hundred years...
Should we be worried about inequality?
Inequality has e the West’s all-consuming focus. Economic inequality has e the prism through which the media report on every story from the annual Oxfam report and Davos forum to last night’s State of the Union address, health care, gender relations, blockchain – even the proper amount of homework to assign and whether parents should read their children bedtime stories. But should people of faith be worried about inequality? The Institute of Economic Affairs (IEA), based in London, has produced...
The greatest foe of poverty
Winston Churchill once said, “Some see private enterprise as a predatory target to be shot, others as a cow to be milked, but few are those who see it as a sturdy horse pulling the wagon.” Do young Americans, asks Chris Horst, believe entrepreneurship is a target, cow, or horse? My experience tells me we’re more apt to label entrepreneurship a cow or target. Indifference mon, as merce exists almost as a nonfactor for the poor. Scorn is the most-vocal...
The servant formula for succeeding in business
“Good leaders must first e good servants.” ― Robert K. Greenleaf “All I do is win win win no matter what” – DJ Khaled Does treating employees with respect and autonomy lead to greater profits? Maybe. Some are making a case that actively engaging in servant leadership leads to a pany culture and ultimately a more successful business. That’s how Publishing Concepts, Inc. (PCI) president Drew Clancy explains pany’s success. The philosophy of a serving leader is most strongly associated...
Preventing the next Carillion: Philip Booth
The UK has been transfixed by the collapse of Carillion, a pany which, at the time of its collapse, employed 43,000 employees (20,000 in the UK) and was contracted to carry out 450 projects for the UK government. pany branched out beyond construction and now provides food or maintenance for NHS hospitals, schools, and prisons on behalf of the government. The projects, livelihoods, and pensions of its workforce are threatened as Carillion faces liquidation. While the government refused a £300...
The theory that helps explain today’s political divide
Over the past few years, it’s e more and more difficult to understand political alignments. Most people still talk about the left-right political spectrum, but that no longer seems to fit our current political divide. A few decades ago, for example, we could say that those on the right supported free trade while those on the left endorsed protectionism. Nowadays, though, such lines demarcating economic views are blurred. While the left-right metaphor isn’t totally obsolete, it seems to describe a...
A real ‘fair trade’ solution: Fix U.S. agricultural policy
In our attempts to support struggling farmers across the developing world, Westerners have tended toward supporting a particular set of preferred “solutions,” whether purchasing “fair trade” products or donating funds to specific causes. Unfortunately, such efforts typically tinker on the surface, either outright ignoring the fundamental forces at play or contributing to a widespread distortion in prices. So how do we get at the root of the problem? How do we actually include our global partners in trade and exchange,...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved