A church in Kentucky, on its own property for nearly 100 years, asked the current governmental structure in its town for permission to add a small shrine adjacent to its building.
The plan from the Missionaries of St. John the Baptist Church was for a small grotto, based on a conditional use and variance plan, that would be used for prayer and reflection.
The Supreme Court now has agreed to step in to the fight that developed when city officials endorsed the plan, then reneged when some of the church’s neighbors refused to be tolerant of the institution’s religious activities.
According to First Liberty Institute, which is working on the case along with several local legal teams, the high court now has agreed to review a decision by the Kentucky Supreme Court that denies the church the right to use its own land as it wishes.
That’s potentially a violation of federal law, the legal team explained.
“Telling a church it can’t build a modest place for prayer and reflection on its own property is outrageous,” said Kelly Shackelford, President, chief counsel at First Liberty. “Federal law provides clear protections for how faith-based organizations can use their property to support their mission. This is an important case for religious freedom.”
The fight came about after in 2021 the church asked for a permit for a small, modest grotto behind its building in honor of the Virgin Mary’s apparition in Lourdes, France to Saint Bernadette.
“In Catholicism, a grotto is a sacred, cave-like shrine, often artificial, and built to honor the Virgin Mary or saints. It serves as a quiet space for prayer, reflection, and devotion, symbolizing divine refuge and miracles. These structures can be found in churches, gardens, or even as roadside shrines, creating a focal point for faith and spiritual solace,” First Liberty explained.
“The church building has resided on the current property for nearly 100 years and predates the adoption of the city of Park Hills’ zoning ordinance in 1974. The Park Hills Board of Adjustment approved St. John’s permit in April 2021 for the construction of the grotto,” the legal team reported.
Then two neighbors demanded to have their own way with the church property, but their objections were stifled by a trial court.
Shortly later, however, the state Court of Appeals reversed and said that the ban on the grotto did not violate the federal Religious Land Use and Institutionalized Persons Act.
That was affirmed by the state Supreme Court.
John Bash, partner and co-chair of Quinn Emanuel’s national appellate practice, said, “Congress acted to protect religious organizations from unlawful burdens within local zoning laws and the protests of neighbors. We are grateful for the opportunity to present this important case before the Supreme Court.”
