Rule Favoring Religion In Storage Of Cremation Ashes Should Be Laid To Rest, Says AU's Lynn
A proposed Berkeley, Calif., ordinance that would only allow religious organizations to inter cremated ashes, while deny the same right to nonreligious organizations, violates the Constitution, according to Americans United for Separation of Church and State.
Current Berkeley law prohibits graveyards within city limits due to health and odor concerns. A proposed city ordinance would change zoning laws to allow columbarium construction on property used for religious assemblies. (Columbaria are structures that house the ashes of the deceased.)
The proposal means that ashes of cremated corpses, known as “cremains,” could stay in Berkeley only if maintained in a religious organization’s columbarium. Nonreligious residents, who are not permitted to build a columbarium, would be forced to travel outside the city limits to inter their loved ones’ ashes.
In a letter today to the Berkeley City Council, Americans United advised against the approval of this ordinance since the Constitution does not permit government to provide “a direct benefit to religious organizations that is denied to the nonreligious.”
The Rev. Barry W. Lynn, Americans United executive director, said he hopes the city council will listen to reason.
“The Constitution requires government to remain neutral between religion and non-religion,” said Lynn. “Berkeley’s proposed rule on cremains should be promptly laid to rest.”
Americans United asked the council to either expand the regulation to allow both secular and religious columbaria or allow for the private storage of human remains within sealed vessels by any person or entity.
Americans United’s letter was drafted by Legal Director Ayesha N. Khan, Assistant Legal Director Richard B. Katskee and Staff Attorney Ian Smith.