by Jayla Ward, Digital Content Specialist • 2 minutes
Big news! First Liberty will be arguing a second case at the U.S. Supreme Court this term. This week, the Court agreed to hear Missionaries of Saint John the Baptist, Inc. v. Frederic.
The Court will review a decision by the Kentucky Supreme Court denying the Missionaries of St. John the Baptist the right to build a modest shrine for quiet prayer and reflection on their own property.
“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. “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.”
In Catholic tradition, a grotto is a sacred, cave-like shrine used to honor the Virgin Mary or saints. It serves as a quiet space for prayer, reflection and devotion. These structures can be found in churches, gardens or even as roadside shrines, creating a focal point for faith and spiritual solace.
In March 2021, Missionaries of St. John the Baptist applied for a conditional use permit and variance to build a dedicated space in remembrance of the Virgin Mary’s apparition in Lourdes, France to Saint Bernadette. The Park Hills Board of Adjustment approved St. John’s permit a month later.
Two neighbors adjacent to the property appealed the Board’s decision in state court. The trial court rejected the neighbors’ objections, but the Kentucky Court of Appeals reversed that decision, holding a ban of the grotto did not violate the Religious Land Use and Institutionalized Persons Act (RLUIPA). The Kentucky Supreme Court affirmed the appeals court ruling.
We argue that banning a Christian organization from using its property to carry out its mission violates federal law.
Congress passed RLUIPA to protect houses of worship from discrimination. That federal statute protects their right to operate free from unreasonable and intrusive government interference. That includes a house of worship’s right to use its facilities for religious purposes.
If the Kentucky Supreme Court ruling stands, it will prevent countless congregations in the Bluegrass State from fulfilling their divinely inspired calling. Not only is that illegal, but it also goes against everything religious freedom in America is about.
This case presents an opportunity for the Supreme Court to affirm the federal law that protects religious land use. The outcome could set a precedent that strengthens protections for houses of worship across America.
