News Release
For Immediate Release: 9.9.26
Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4454
Third Circuit Hears Oral Argument on Behalf of Ukrainian Catholic Church Denied Ability to Build on Own Land
Collier Township has targeted the church with selective restrictions and unequal treatment.
Philadelphia, PA—Today, First Liberty Institute, Troutman Pepper Locke LLP, and Independence Law Center presented oral argument at the U.S. Court of Appeals for the Third Circuit on behalf of Holy Trinity Ukrainian Catholic Church, a church wrongfully denied the ability to build a shrine on its property by Collier Township.
“It is unlawful for Collier Township to make rules for the church that do not apply to any other organization,” stated Ryan Gardner, Senior Counsel at First Liberty Institute, who argued before the court. “The double standard set here violates federal law and exposes the Township’s discriminatory treatment of religion.”
Joshua D. Davey of Troutman Pepper Locke LLP said, “Collier Township governs by a double standard when it imposes restrictions on the church while giving free reign to secular groups. We hope the Third Circuit will correct this blatant violation of federal law.”
Chief Counsel at Independence Law Center Randall L. Wenger, Esq. said, “When officials restrict religious exercise without a compelling government interest, they endanger the constitutional rights that protect all Americans. The district court’s decision must be overturned.”
Holy Trinity Ukrainian Catholic Church is part of a small branch of the Catholic Church headquartered in Ukraine which worships according to traditions that arose a millennia ago in Eastern Europe. Ukrainian Catholic refugees fled from communism in the 20th Century, finding respite in Collier Township. They sought to worship in peace according to their own customs and traditions, and eventually, the refugees acquired a 41-acre parcel of land, part of which they transformed into a cemetery.
When the Church was ready to construct a shrine and related facilities for prayer and worship consistent with their liturgical tradition, the Township rejected the church’s proposal. The Township also added unlawful restrictions such as limiting the church for how long and when church bells could ring, for whom memorial services could be held, and on the size and height of proposed buildings. Amusement parks, ice rinks, fitness centers, and dog kennels do not face the same restrictions as the church. In fact, less than a mile up the road, the local carpenters’ union maintains a 19-acre campus with a 93,000-square-foot trade school complex that houses classrooms, conference rooms, offices, a cafeteria, event space, and a union hall with seating for at least 400 people.
First Liberty Institute asked the appellate court to overturn the district court decision’s approving Collier Township’s religious discrimination directed at Holy Trinity Ukrainian Catholic Church.
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Natalie Konstans at media@firstliberty.org or by calling 972- 941-4454.
About Independence Law Center
The Independence Law Center is a pro-bono civil rights and public policy law firm.
