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
May 28, 2026 1:00 PM

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
What does faith add to the economy? $1.2 trillion, and counting
Once again, the national news reports that the government has legally prevented a Christian ministry from expanding its services for fear it will lose tax revenue. This opposition proves that politicians overvalue the role of government and undervalue the immense benefits that churches provide munity. Religious institutions generate trillions of dollars for the U.S. economy every year, according to a recent study. When a nonprofit petitions a zoning board, politicians see only the lost property taxes they can no longer...
Yet another example of how the Vatican misunderstands America…and economics
After almost twenty years in Rome, I’ve learned not to insist too much on the Vatican reading the USA with any kind of accuracy, so I usually don’t feel the need ment on every little ing from the Roman Curia. It would take up way too much time and make me grumpier than I already am. But there are times when something must be said. August, for example, when you’re one of the few non-tourists around and nothing else is...
Alejandro Chafuen in Forbes: Building Brazil’s wealth through deregulation
This article appeared originally in Forbes. Read the entire article here. Last week, while visiting the political and business capitals of Brazil, I was able to study the plan for deregulating the Brazilian economy and speak with some of the plan’s architects. The MP da Liberdade Economica (MPLE) the economic freedom provisional measure, has the same standing as any law; it has been signed by President Jair Bolsonaro. In 60 days regulations to implement it will expand its effects. It...
The politically correct rule at Harvard Law
What do President Donald J. Trump and Ronald Sullivan, a professor at Harvard Law School, have mon? At first glance, nothing. However, a careful reading of recent news reveals that these two men were victims of a political trend that has engulfed American society and has been turning the land of freedom into a grotesque experiment of authoritarianism. Let us start with Sullivan. A black law professor occupying a senior position in one of the most prestigious law schools in...
Explainer: Tree of Life Christian Schools v. City of Upper Arlington
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...
Abraham Kuyper and the ‘twoness theses’
In the academic world there are several well-known “twoness theses”, says Acton research fellow Andrew McGinnis, arguments by scholars that there are in one historical person two identifiable and contradictory lines of thought that warrant depicting the individual as divided. It seems that anyone who writes and publishes enough material will be susceptible to a twoness thesis. In some ways it is a mark that you have made it as an author. It means you have published, lectured, or preached...
Is Facebook a monopoly the government should break up?
Chris Hughes, a co-founder of Facebook and co-chairman of the Economic Security Project, has recently written an impassioned plea in the New York Times calling for the government to break up Facebook. The piece is well worth reading for the light it sheds on the early days of the social media giant, as well as for the questions it raises regarding privacy and social media use in general, but brings more heat than light in its analysis of Facebook as...
Humanity 2.0: The human progress accelerator that ‘should’
Matthew Sanders and Fr. Ezra Sullivan, O.P. facilitate moral discussion with entrepreneurs and academics. Matthew Harvey Sanders, a former seminarian turned successful technology munications entrepreneur, has sought to fuse deep theological and moral convictions with his natural talent and contagious pioneering spirit. His brain child: Humanity 2.0, a self-described “human progress accelerator” showcased last May 9 at a forum held inside Vatican walls. According to Sanders’s web site, Humanity 2.0 is built on Thomas Aquinas’s precepts for human salvation, namely,...
Alexis de Tocqueville and Michael Novak at the Heritage Foundation: May 29, 2019
Aspirations to socialism and social democracy appear to be gaining traction in much of America, especially among young Americans. People are often fuzzy about what they mean by terms like “socialism.” Sometimes it seems to be a type of aspirational outlook. On other occasions, it involves specific policy-proposals. In yet other instances, it’s bination of both. The effect is often to make socialism a harder target to critique. The good news is that we’re been here before. Some of the...
Do the rich get all the gains from economic progress?
The rich get richer, the poor get poorer, and the middle class remains stagnant. That’s the story often told by those plain about inequality in America. But is it true? Has economic progress in America been shared widely or captured by only the rich? As economist Russ Roberts explains, the standard story of stagnating wages takes snapshots of one set of people in the past pares them to an entirely different set of people in the present. But when you...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved