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Thursday, June 26, 1997

Supreme Court ruling stems from small-town church battle

By KELLEY SHANNON / Associated Press Writer

BOERNE, Texas (AP) - Beneath the old twin bell towers of St. Peter the Apostle Catholic Church, the parish priest lamented Wednesday's Supreme Court ruling striking down a religious freedom law.

"I'm disappointed," said the Rev. Tony Cummins. "It affects the balance on the playing field in favor of government."

In a 6-3 decision, the Supreme Court invalidated the Religious Freedom Restoration Act of 1993, which was aimed at preventing government interference in Americans' spiritual lives. The court, in a ruling that stemmed from the Texas case, said the law usurped the powers of federal courts and the states.

Hoping to avoid compliance with the city of Boerne's historic preservation ordinance, the Archdiocese of San Antonio invoked the law when it sued in federal court in its attempt to triple the size of the 74-year-old church in Boerne.

City leaders didn't want any of the church's stone walls knocked down and refused to issue a building permit, noting the sanctuary was located in the city's historic district.

The court battle that resulted became a rallying point for religious groups across the country and has been one of the most closely watched religion cases of recent times.

Boerne Mayor Patrick Heath said the Supreme Court's decision confirmed Congress "may not single-handedly amend the Constitution" and that federal power should be "meaningfully limited."

"We thank the court for considering our case and deciding this issue so that local governments no longer need worry about the possible legal implications of Religious Freedom Restoration Act for their essential everyday activities," Heath said.

Phillip Bell, chairman of the Boerne Historic Landmark Preservation Commission, also called the decision a victory for small towns trying to preserve historic buildings.

"We made a historic district, so everything in that area falls under the ordinance regardless of its vintage," Bell said. "They (the church) should not be exempt."

Though St. Peter the Apostle Catholic Church isn't all that old, its significance runs deep locally and it is among the few remaining mission revival style churches in the nation, Bell said.

The growing parish, which now serves an estimated 1,100 families, sought a city construction permit in 1994 to expand its 230-seat sanctuary to accommodate about 700 people.

Church officials had planned to leave intact the sanctuary's distinctive front facade. But the city wanted at least 80 percent of the structure saved.

Since 1995, the church has held Sunday services in a nearby senior citizen's center so that it will have enough worship space.

"It really is difficult to ask people to financially support this building that they cannot use simply because people who pass by want to look at it," Cummins said, gazing up at the old church, built on a Boerne hilltop in 1923.

Even though the long-awaited Supreme Court ruling has come down, Cummins doesn't expect the legal battle to end.

The lawsuit against the city remains in federal district court, and Cummins said the church likely try to move forward with its sanctuary expansion plans on other grounds, including the First Amendment.

But Mayor Heath wants the city and church to resume talks that stalled last year and reach an agreement to accommodate the city's desire to keep most of the sanctuary standing and church's desire to enlarge.

"We're ready to try those negotiations again," Heath said. Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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