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First Amendment Victory For Armenian Church

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  • First Amendment Victory For Armenian Church

    FIRST AMENDMENT VICTORY FOR ARMENIAN CHURCH
    Chris Markarian

    Chaparral
    http://media.www.thechaparral.com/media/storage/p aper570/news/2009/04/27/NationalNews/First.Amendme nt.Victory.For.Armenian.Church-3728183.shtml
    Colle ge of the Desert
    April 28 2009

    Media Credit: the Armenian Church of the Desert St. Hripsime Church
    in Echmiadzin, Armenia that the Rancho Mirage Armenian Church is
    modeled after. St. Hripsime was completed in 618 which makes it
    one of the oldest surviving churches in Armenia, and is known for
    its fine Armenian architecture of the classical period. The church,
    together with other nearby sites, is a UNESCO World Heritage Site,
    and is dedicated to Saint Rhipsime.

    In 2001, the city council of Rancho Mirage approved the Armenian Church
    of the Desert project to build a 57-foot tall Armenian style church.

    The plan approved a hall structure and two parking lots. The
    construction of the main hall, two parking lots and the grand
    entrance were completed within the allow-ed timeline. Due to the
    residential estate zoning of the property, which is on Vista Dunes
    in Rancho Mirage, one of the most elegant and beautiful streets in
    the Coachella Valley, the city granted the church a Conditional Use
    Permit to function as a church in a residential estate street. At that
    time there were no oppositions to the plans of the church being built.

    The church went back in 2005 after the first "CUP" expired and
    requested an extension since work wasn't complete. The city mandated
    that the church apply for a totally new CUP. When that was done
    the city declined the request and decided that the total height of
    the church be lowered from 57 to 45 feet. The parish council of the
    Armen-ian Church went through the steps of working with the planning
    department of the city and explaining that such a decision wouldn't
    only cause a financial hardship but also restrict the practice of
    the religion.

    The city's decision was based on complaints from neighbors who
    live in the near area about: such a high structure would damage the
    property values of the multi-million dollar homes on the street and
    block their view of the mountains. The church had contacted all the
    affected neighbors on the semi-private gated street of Vista Dunes
    and had ex-pressed the importance and significance of the height to
    the religion.

    The church had numerous lawyers who offered their help and support
    to defend their First Amendment right to practice their religion
    without restrictions from any government body. The Religious Land
    Use and Institutionalized Persons Act (RLUIPA) bill that was signed
    into law by President Bill Clinton in 2000 also supported the church's
    rights. "The Religious Land Use and Institutionalized Persons Act will
    provide protection for one of our country's greatest liberties - the
    exercise of religion - while carefully preserving the civil rights of
    all Americans," Clinton said in a statement prior to signing the bill
    Sept. 22 of 2000. "Religious liberty is a constitutional value of the
    highest order, and the Framers of the Constitution included protection
    for the free exercise of religion in the very first amendment. This
    act recognizes the importance the free exercise of religion plays in
    our democratic society," he added.

    After a long battle with the city, the church finally received the
    approval to resume construction of the church at its proposed height
    of 57 feet with harsh restrictions. Retired Cali-fornia Supreme Court
    Jus-tice Armand Arabian at-tended the city council meeting and said,
    "The Armenian church - unlike the neighbors - has first amendment
    rights to practice their religion". Coun-cilman Hobart noted that if
    the church takes this case to federal levels "Not only we'll have an
    Armenian Church in Rancho Mirage, but we'll have to pay for it too"
    he said.

    The city approved the plans with a 4 to 1 vote on its April 2nd
    meeting with conditions that are still under scrutiny from church
    parishioners. Conditions such as putting a 6-foot wall with no
    access on the front of the property and use the backside for entrance
    and exit.

    The Armenian Church says that this 7th century style construction
    enhances the diversity in the region by introducing the rich culture
    of the first Christian nation in history.

    The Armenian Church also holds an annual commemorating event in
    memory of the Armenian Genocide on April 24th. Representatives
    from the offices of California State Assembly-man Brian Nestande and
    California State Senator John J. Benoit's attended the 94th anniversary
    commemoration event. In memory of the 1.5 million Armenians who lost
    their lives during the Turkish led Armenian Genocide in 1915 prayer
    services and survivor stories were shared as elders tell the stories
    of the origins of their families.

    The victory for building the church is of great importance. Church
    parish council members haven't accepted this approval however. There's
    still an option to take this case to federal court and have the
    California or the US Supreme courts make the decision.

    The Armenian Church has been holding services and events in its main
    hall that's located at 38-900 Vista Dunes Road, Rancho Mirage CA for
    well over four years. The church holds an Armenian Festival once a
    year and this year's festival will be held on November 6th and 7th.
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