Some people might wonder why we need a law that protects the right of houses of worship to use their facilities for religious purposes. But we do. And we have one: RLUIPA, the Religious Land Use and Institutionalized Person’s Act. RLUIPA was passed and signed into law by President Clinton more than 25 years ago. However, over the years, courts have weakened and confused the law’s promised protections. 

Sometimes churches and religious organizations run into opposition when seeking to use their property to carry out their mission. Now, the U.S. Supreme Court has accepted a case that will affect churches’ and Christian organizations’ ability to pursue their calling.

First Liberty Institute and two other law firms are representing the Missionaries of St. John the Baptist in their request for a permit to erect a small, modest grotto — a quiet place for prayer and reflection — behind their church building which has stood on its property in Park Hills, Kentucky for over 100 years. In 2021, the city granted their request. But a couple of disgruntled neighbors filed a lawsuit opposing the city’s decision. A trial court rejected the neighbors’ objections. But the Kentucky Court of Appeals reversed that decision and held that banning the grotto did not violate RLUIPA. The Kentucky Supreme Court affirmed that holding. 

The U.S. Supreme Court has agreed to review this decision. According to First Liberty Institute, “The case allows the Supreme Court to clarify the proper standards under RLUIPA, which prohibits unlawful burdens on religious land use.”

First Liberty’s Senior Counsel Ryan Gardner says the Supreme Court has never interpreted RLUIPA before and this case presents “a huge opportunity to advance religious liberty for every single church in this country.” 

He stated, “Neighbors should not be permitted to wield zoning laws as a hecklers veto to oppose the cherished traditions of churches.” 

May the Court take this opportunity to protect the Church’s liberty to be the Church.