The U.S. Supreme Court yesterday granted review in Missionaries of St. John, Inc. v. Frederic, (Docket No.25-1131, certiorari granted 10/1/2026). In the case, the Kentucky Supreme Court held that RLUIPA was not violated by denying a conditional use permit to a church that wished to build a grotto to honor the Virgin Mary’s appearance at a grotto in Lourdes, France. The Court concluded that denial of a permit and variances did not impose a substantial burden on the church’s religious exercise. (See prior posting.) The Supreme Court limited its grant of review to Question 1 in the petition for certiorari:
Whether a land-use regulation that prohibits a religious institution from building a religious structure on its own property constitutes a “substantial burden” on religious exercise under … the Religious Land Use and Institutionalized Persons Act (RLUIPA)….
First Liberty Institute issued a press release announcing the Supreme Court’s action. The Supreme Court at this page provides links to all the filings in the case.