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Diocese Challenges Designation of Church As Historic District

By Howard M. Friedman

Yesterday's Springfield (MA) Republican reported that the Roman Catholic Diocese of Springfield has filed suit in state court seeking to enjoin enforcement of a city ordinance enacted last December that creates an historic district out of Our Lady of Hope Church. The suit, filed against the city, the mayor and the council members in office when the district was created, also seeks unspecified damages. Historic district designation means that the building may not be torn down, and no changes can be made to its exterior, without approval of the city's Historical Commission. The complaint alleges that by limiting its ability to control church buildings, including religious symbols on them, the ordinance infringes the Diocese's constitutionally protected free exercise rights and freedom of expression, as well as violating equal protection guarantees, under both the state and federal constitutions.

Full post as published by Religion Clause on January 22, 2010 (boomark / email).