News Release
For Immediate Release: 10.1.26
Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4453
U.S. Supreme Court to Hear Case Seeking to Clarify Federal Law’s Protection of Religious Land Use
Attorneys ask Justices to clarify federal protections for religious land use from unlawful burdens.
Washington, DC—Today, the Supreme Court of the United States agreed to review a decision by the Kentucky Supreme Court denying the Missionaries of St. John the Baptist Church the right to build a modest shrine for quiet prayer and reflection on their own property. The Church is represented by First Liberty Institute, Quinn Emanuel, and Breidenstein Legal Services, LLC.
“Telling a church it can’t build a modest place for prayer and reflection on its own property is outrageous,” said Kelly Shackelford, President, CEO, and 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.”
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.”
In March 2021, Missionaries of St. John the Baptist applied for a conditional use permit and variance to construct 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. 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.
Two neighbors adjacent to the property objected and appealed the Board’s decision to Kentucky state court. The trial court rejected the neighbors’ objections, but the Kentucky Court of Appeals reversed on appeal, holding that a ban of the grotto did not violate RLUIPA. The Kentucky Supreme Court affirmed that holding in December 2025.
The case allows the Supreme Court to clarify the proper standards under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), which prohibits unlawful burdens on religious land use.
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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 972-941-4453.
