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After town officials ordered Grace New England Church to jump through extra regulatory hoops to continue worshipping in a barn that also regularly hosts secular events, the DOJ’s Civil Rights Division decided to get involved.
The U.S. Department of Justice has intervened in a legal dispute to support Grace New England Church, a small congregation led by Pastor Howard Kaloogian in Weare, New Hampshire.
The church has gathered for worship on Pastor Kaloogian’s five-acre property every Saturday for several years, using a renovated barn that the pastor has also offered to the community for a variety of secular events, including political rallies, backgammon tournaments, and weddings.
The government has never had an issue with any gathering held anywhere in town or on Pastor Kaloogian’s private property — until a Weare zoning enforcement official named Tony Sawyer saw a promotional flyer for Grace New England Church’s Saturday worship event. Sawyer then went, uninvited, to Pastor Kaloogian’s house and informed him that he would have to complete a site plan application and a conditional-use permit in order to continue holding religious assemblies on his private property.
The town has since delayed permit applications, subjected the pastor to repeated inspections of his home, and threatened to fine him.
The church, represented by First Liberty Institute, sued, contending that the town’s sudden enforcement is discriminatory and violates both the Free Exercise Clause of the Constitution and federal law.
In a statement, the Justice Department agreed, saying that the town may be violating the Religious Land Use and Institutionalized Persons Act (RLUIPA). This federal statute protects religious institutions from overly burdensome or discriminatory land-use regulations.
“RLUIPA protects the freedom of religious groups to worship without undue government interference,” explained Harmeet K. Dhillon, assistant U.S. attorney general in charge of the Civil Rights Division. “When localities threaten fines against religious groups to force them to undertake unnecessary land-use review, RLUIPA offers them an avenue for relief through the courts. The Civil Rights Division stands ready to protect the fundamental religious freedom rights of all Americans.”
The DOJ filed a statement of interest on April 29 in the U.S. District Court for the District of New Hampshire, signaling the federal government’s formal involvement in the case.
According to the original lawsuit filed by First Liberty Institute, the town has enforced a clear double standard — permitting secular events in the same barn for years without complaint but objecting once it was known that the space was used for religious purposes. It argues that the town’s actions violate the First Amendment, which protects the church’s right to gather and proclaim the Gospel without government obstruction.
The complaint details that Pastor Kaloogian has hosted various secular and religious gatherings at his home and renovated barn since 2015. While no objections were raised during years of secular use, the town issued a “Cease and Desist” letter in October 2023, just as the property became a place of Christian worship.
“You are to immediately stop any assembly regarding Grace New England Church. This Cease and Desist will remain in effect until a site plan is submitted, reviewed and there is a decision made by the Town Planning Board,” the letter stated.
The letter threatened fines ranging from $275 to $500 per day for non-compliance.
First Liberty argues that this selective enforcement constitutes unequal treatment, noting that secular gatherings were not subjected to the same zoning scrutiny. They assert that the town’s actions violate RLUIPA’s provisions against substantial burdens and unequal treatment of religious institutions. Additionally, they claim infringements upon their First Amendment rights to free exercise of religion and free speech.
The lawsuit seeks injunctive relief to prevent the town from enforcing the cease-and-desist order and from imposing further restrictions on the church’s gatherings. It also requests a declaration that the town’s actions are unlawful and unconstitutional, along with compensatory damages and attorney’s fees.
“The Town’s actions discriminate on the basis of religion against the Church and hinder Grace New England from the free exercise of its religious freedom granted in the First Amendment and protected by federal law,” First Liberty argued in the lawsuit.
Pastor Kaloogian says that the congregation simply wants to meet peacefully for worship in a space that has long served as a community gathering point. The barn was renovated to accommodate the church’s needs and remains in compliance with local safety codes.
The case is pending in federal court, and no ruling has been issued. Town officials have not publicly commented on the DOJ’s filing.
The dispute has drawn national attention, with legal experts saying that the outcome could impact how municipalities nationwide enforce zoning laws on religious organizations.
“Demanding that a small group of Christians stop meeting in a home for worship and prayer is flagrant denial on the free exercise of their religious beliefs,” said Jeremy Dys, senior counsel with First Liberty.
“Hundreds of thousands of Americans meet every day in homes for prayer meetings, Bible studies, book clubs, card games, and other gatherings. Why would Weare city officials stop this small, Christian congregation from legally doing likewise?” he added.
Pastor Kaloogian and his congregation are not asking for special treatment. They’re not building a megachurch in a rural area nor are they disturbing the peace. They are gathering peacefully in a barn on private property that has long been used for a variety of events without controversy. Yet now, because the town knows that the space is being used to worship Christ, local officials are demanding a bureaucratic process that wasn’t required before and are threatening punitive fines.
This is a textbook example of unequal treatment under the First Amendment.
From a Christian perspective, this case speaks to the importance of defending the freedom to gather in Christ’s name. Acts 2 tells us that the early Church “met in homes” and devoted themselves to prayer, teaching, and fellowship. That same spirit is alive today in small congregations like Grace New England, where believers unite not for political gain or public spectacle but to glorify God and edify one another in love and truth.
What’s at stake here isn’t just one church’s right to worship: it’s the right of every Christian in America to gather without fear of government interference. As believers, we are called to “obey God rather than men” (Acts 5:29) and to stand firm in our convictions even when it is inconvenient or unpopular.
We should pray for Pastor Kaloogian and his church, support organizations like First Liberty that are defending these freedoms, and remain alert to similar challenges in our own communities. Religious liberty is not just a constitutional principle; it is a biblical one that we must steward faithfully.
PHOTO: The barn at Pastor Howard Kaloogian’s home is the site of church worship services every Friday night, but hosts other community events throughout the year. CREDIT: First Liberty Institute.
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