FIRST AMENDMENT VICTORY FOR ARMENIAN CHURCH
Chris Markarian

Chaparral
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.