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Constitutional Law Keyed to Choper
Boerne v. Flores
Citation:
521 U.S. 507, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997).Facts
Flores, the Catholic Archbishop of San Antonio, applied for a building permit to enlarge the 1923 mission-style St. Peter’s Church in Boerne, Texas, which was originally built by German residents. The building was located in a historic district and considered a contributing property. Local zoning authorities denied the permit, citing an ordinance governing additions and new construction in a historic district.
Archbishop Flores brought suit, challenging the ruling under the Religious Freedom Restoration Act (RFRA) of 1993. He argued that the Boerne, Texas congregation had outgrown the existing structure, rendering the ruling a substantial burden on the free exercise of religion without a compelling state interest.
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