City of Boerne v. P. F. Flores, Archbishop of San Antonio, and United States (521 U.S. 507)
U.S. Supreme Court · decided June 25, 1997 · Supreme Court Database (Spaeth)
- Citation
- 521 U.S. 507 · 117 S. Ct. 2157
- Decided
- June 25, 1997
- Term
- October Term 1996
- Vote
- 6–3
- Majority author
- Justice Kennedy
- Issue area
- First Amendment
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
- Constitutional ruling
- Federal law held unconstitutional
Opinion excerpt
Justice Kennedy delivered the opinion of the Court. A decision by local zoning authorities to deny a church a building permit was challenged under the Religious Freedom Restoration Act of 1993 (RFRA or Act), 107 Stat. 1488, 42 U. S. C. § 2000bb et seq. The case calls into question the authority of Congress to enact RFRA. We conclude the statute exceeds Congress’ power. I Situated on a hill in the city of Boerne, Texas, some 28 miles northwest of San Antonio, is St. Peter Catholic Church. Built in 1923, the church’s structure replicates the mission style of the region’s earlier history. The church seats about 230 worshippers, a number too small for its growing parish. Some 40 to 60 parishioners cannot be accommodated at some Sunday masses. In order to meet the needs of the congregation the Archbishop of San Antonio gave permission to the parish to plan alterations to enlarge the building. A few months later, the Boerne City Council passed an ordinance authorizing the city’s Historic Landmark Commission to prepare a preservation plan with proposed historic landmarks and districts. Under the ordinance, the commission must preapprove construction affecting historic landmarks or buildings in a historic district. Soon afterwards, the Archbishop applied for a building permit so construction to enlarge the church could proceed. City authorities, relying on the ordinance and the…
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