Supreme Court will hear Catholic-backed Jewish religious liberty suit involving 'finality' rule
The Supreme Court this week said it would take up a long-running religious liberty lawsuit brought against an Ohio city in order to address a dispute over a legal concept known as “finality.”
University Heights resident Daniel Grand had asked the Supreme Court to rule on the question of “finality,” a legal principle requiring property owners to obtain a land-use decision from local officials before bringing certain federal court challenges.
Grand brought the suit against University Heights in 2022 after the city blocked his efforts to convene a minyan, or Jewish prayer group, of about a dozen friends at his home. The city directed that he would have to acquire a special-use permit to host the group.
Both a federal district court and an appeals court dismissed Grand’s case on the grounds that he had not properly followed “finality” rules before filing, specifically that he did not complete the permitting process before bringing the suit.
On June 30, the Supreme Court said it would consider the case, which it will take up during its next term.
Grand is being represented in part by the legal group Alliance Defending Freedom. John Bursch, a senior attorney with the group, said on June 30 that University Heights’ policy “underscore[s] a troubling trend of weaponizing zoning laws against people of faith.”
“Every American has the right to host a prayer gathering in his home, and he certainly doesn’t need a city permit to do so. When government officials forbid that, courts must hold those individuals accountable, immediately,” Bursch said.
Ahead of the Supreme Court’s decision, Grand’s lawsuit received backing from the U.S. Conference of Catholic Bishops, which filed an amicus brief in appeals court arguing that Grandʼs religious liberty claims should be considered without being subject to “finality.”
Religious plaintiffs have standing to sue “as soon as a credible threat arises,” the bishops said in their filing, arguing that court processes that play out over “months or years” due to finality rules serve as a “constitutional harm” in and of themselves.
The Supreme Court will begin its next term in October.
Source: https://www.ewtnnews.com/world/us/supreme-court-will-hear-catholic-backed-religious-liberty-suit-involving-ohio-jewish-prayer
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