Constitutional Law Keyed to Cohen
City of Boerne v. Flores
Facts
St. Peter Catholic Church is located on a hill in the city of Boerne, Texas, and was originally built in 1923. Recently, because of the growth of its parish, the church decided that it was necessary to enlarge the building. A few months later, the Boerne City Council passed an ordinance authorizing the City’s Historic Landmark Commission to prepare a preservation plan with proposed historic landmarks and districts. Under the ordinance the Commission must pre-approve construction affecting historic landmarks. When St. Peter Catholic Church applied for a permit to enlarge the church, they were denied because they were situated in a historic district. The Archbishop of San Antonio then sued in federal court challenging the permit denial citing the Religious Freedom Reformation Act of 1993 (RFRA). The District Court concluded that by enacting RFRA, Congress exceeded the scope of its enforcement power under the Section: 5, which allows congress to provide for the guarantees of the Fourtee nth Amendment through appropriate legislation. The Fifth Circuit reversed, and Appellant appealed.
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