Summary of facts: St. Philip Neri Catholic Church in Indianapolis filed suit in federal district court challenging Indianapolis’s historic preservation designation of its church property and the denial of permission to demolish two deteriorating buildings on that site. The suit asserts claims under the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA), arguing that the city’s actions substantially burden its religious exercise, discriminate against a religious institution, and impermissibly entangle government officials in questions of religious doctrine and church governance. Indianapolis has now filed a motion to dismiss the complaint.

RFI’s position: While this case involves a Catholic church, its resolution has implications for people of many religious traditions, many of which recognize the fundamental importance of choices regarding how sacred buildings are treated. Judicial protection of religious land-use is especially important for religious minorities whose interests may be insufficiently represented in the political process.

Both the Constitution and RLUIPA prohibit the government from forcing religious institutions to choose between incurring massive expenses for indefinite upkeep of a deteriorating building or violating their faith by selling the building and allowing a religiously significant space to fall into sordid use. The district court should deny the city’s motion to dismiss.

Read the brief here.