Coleman leads 20 states backing N. Kentucky church shrine case at Supreme Court
Kentucky Attorney General Russell Coleman is asking the U.S. Supreme Court to overturn a state court decision blocking a Catholic church's plans to build an outdoor shrine on its property, according to reporting by the Kentucky Lantern.
Coleman is leading a coalition of 20 Republican-led states in an amicus brief asking the nation's highest court to review a religious liberty case involving the Missionaries of Saint John the Baptist, which operates Our Lady of Lourdes parish in Park Hills. The church received zoning approval from the city in 2021 to construct a modest outdoor shrine, but neighbors filed a lawsuit opposing the project, setting off a years-long legal dispute.
Coleman's brief invokes the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law enacted by Congress in 2000 that protects individuals and religious institutions from discrimination in zoning and landmarking laws. The statute prohibits governments from imposing substantial burdens on religious exercise unless they can demonstrate a compelling governmental interest pursued through the least restrictive means.
The proposed shrine would include a statue of Mary inside a grotto, a statue of St. Bernadette, a patio, and a walkway, paying homage to famous Marian apparitions that occurred in Lourdes, France in 1858. The church says the shrine would simply provide a quiet place for meditation and worship before and after services.
In December, the Kentucky Supreme Court ruled 6-1 against the church, stating that no violation of RLUIPA occurred. The majority opinion noted that the church had "voluntarily" submitted an application for a smaller grotto than originally intended. Residents opposed to construction have expressed concerns about potential increases in traffic to the small residential community, which has a population of just over 3,100.
"In this country, we cannot allow a heckler's veto to trump religious liberty," Coleman said in a statement. "It's not up to the courts to decide how we practice our faith. We're asking the U.S. Supreme Court to provide nationwide clarity and stand with people of faith who simply want to worship without unlawful government interference."
States joining Kentucky in the brief are Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah and West Virginia.