City of Boerne V. Flores - Facts

Facts

The basis for dispute arose when the Catholic Archbishop of San Antonio, Patrick Flores, applied for a building permit to enlarge his 1923 mission-style St. Peter's Church in Boerne, Texas. The building was located in a historic district and considered a contributing property. Local zoning authorities denied the permit, citing an ordinance governing additions and new construction in a historic district. The Archbishop brought suit, challenging the ruling under the Religious Freedom Restoration Act of 1993 (RFRA, pronounced "rifra"). Flores argued that his congregation had outgrown the existing structure, rendering the ruling a substantial burden on the free exercise of religion without a compelling state interest.

RFRA had been crafted as a direct response to the Supreme Court's decision in Employment Division v. Smith, 494 U.S. 872 (1990), wherein the Court had upheld—against a First Amendment challenge—an Oregon law criminalizing peyote use, which was used in Native American religious rituals. The State of Oregon won on the basis that the drug laws were "non-discriminatory laws of general applicability." Religious groups became concerned that this case would be cited as precedent for further regulation of common religious practices, and lobbied Congress for legislative protection. RFRA provided a strict scrutiny standard, requiring narrowly tailored regulation serving a compelling government interest in any case substantially burdening the free exercise of religion, regardless of the intent and general applicability of the law.

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