Murfreesboro, TN [Islamic Cemetery]

In March 2014, opponents of the Islamic Center of Murfreesboro cemetery seek a court order to stop the project by challenging the county's approval of the project. Following the approval in January, Rep. Scott DesJarlais (R-Tenn.) is reported to have made disparaging comments on his Facebook page about the cemetery. The campaign echoes themes from 2010 when opponents sought to stop ICM's expansion project. The cemetery sits on 1.5 acres of the 15-acre ICM property.

Rahim Khan Alidina, Ayman Badawi, George Drakos, and Shahmeer Khan

2012

cemetery on 1.5 acres of a 15-acre property owned by the Muslim community

approved with conditions

In 2012, the Islamic Center of Murfreesboro (ICM) faced opposition to its plans to construct a Muslim cemetery. The quest to secure the required permits for its cemetery occurred within the context of ongoing public and legal challenges to a mosque project the ICM had faced since 2010. Although the details of the ICM’s mosque project are described separately in this archive, the broad outlines of this case, which garnered national attention in 2010, are outlined here to provide the context for the Muslim community’s efforts to secure the rights for the cemetery.

In March 2009, the Murfreesboro Muslim community began planning for a larger mosque to serve its growing population, eventually purchasing land on Veal Rd in 2010. The Rutherford County Planning Commission approved the mosque's construction on May 24 (Broden, 2014, Jan 9). However, this decision sparked controversy, leading to protests and inflammatory remarks from influential figures. This opposition escalated to a lawsuit against Rutherford County on September 17, 2010, with plaintiffs making Islamophobic arguments. Rutherford County Chancellor Robert Corlew swiftly dismissed the lawsuit, but subsequent legal battles ensued. In April 2012, Corlew sided with the mosque's critics, citing insufficient public notice regarding the construction. The Department of Justice intervened on July 8, filing a lawsuit on behalf of the mosque and arguing a violation of the Religious Land Use and Institutionalized Protections Act (RLUIPA). The DOJ appealed Corlew's decision to allow the mosque to open under a temporary occupancy permit in early August 2012. In June 2014, the Supreme Court finally resolved the matter, rejecting to hear the opposition’s appeal two years after the initial permit approval (Haynes, 2014, June 2014).

Against the backdrop of ongoing litigation concerning the ICM’s mosque project, the Islamic Center of Murfreesboro faced additional challenges when it tried to construct a Muslim cemetery on its property. Since 2010, the ICM had discussed building a burial ground adjacent to the mosque after one ICM member was buried on the mosque's property under a conditional-use permit (Murfreesboro mosque seeks cemetery permit, 2012, Nov 1). Like the ICM’s mosque building project, the conditional-use permit was met with opposition. Opponents were concerned that the body would "contaminate the water because it was not in a casket and vault" (ibid.). Mosque leaders argued that the burial had followed Tennessee law, but protest persisted. On November 1, 2012, the ICM applied for a special-use permit to construct its cemetery.

The approval process for the cemetery was contentious, with public hearings and debates highlighting concerns about traffic disruption and groundwater issues. On January 8, 2014, after a public hearing and a 3-2 vote, the cemetery was approved, albeit with conditions imposed by board member Joe Meshotto. These conditions included maintaining burial records, setting a minimum grave depth of five feet, limiting the number of burial plots to 1,500, restricting grave marker height to one foot, and tying the permit strictly to religious use of the property (Broden, 2014, Jan 9).

Despite the ICM's agreement to these conditions, opposition persisted, notably exemplified by Rep. Scott DesJarlais (R-Tenn.), who criticized on social media the application of the Tennessee Religious Freedom Act, which was applied in favor of the cemetery, for enabling religious groups to circumvent other laws (Murphy, 2014, Jan 24). In March 2014, public outcry culminated in a lawsuit challenging the cemetery's approval, echoing the anti-Islamic sentiments seen in previous legal battles over the ICM's mosque (Stockard, 2014, Mar 26).

On June 18, 2014, Judge Paul Summers dismissed the case against the cemetery's construction, affirming the validity of the special-use permit and the legality of the zoning appeals board's actions (Broden, 2014, Jun 19). Unlike the mosque project, the cemetery's approval did not require intervention from the Department of Justice, marking an end to years of controversy and litigation surrounding the ICM's projects.

By the end of 2014, the ICM secured its rights to proceed with the mosque and cemetery projects, concluding a tumultuous period of opposition and legal challenges.

References

• Broden, S. (2014, Jun 19). Judge dismisses mosque cemetery lawsuit. Daily News Journal. Web.
• Broden, S. (2014, Jan 9). Murfreesboro mosque cemetery approved. The Tennessean. Web.
• Haynes, C. (2014, June 23). First Amendment: Religious freedom trumps Islamophobia. The Holland Sentinel, p. 6. Available from NewsBank.
• Murfreesboro mosque seeks cemetery permit. (2012, November 1). The Associated Press State & Local Wire. Available from NexisUni.
• Murphy, T. (2014, Jan 24). GOP Congressman Blasts Proposal for Muslim Cemetery. Mother Jones. Web.
• Stockard, S. (2014, Mar 26). Tempers flare at Judicial building over Muslim cemetery. Murfreesboro Post. Web.