A Massachusetts' statute allowed schools and churches to prevent the issuance of alcohol permits to establishments within 500 feet. A restaurant operator sued after a church 10 feet away prevented him from obtaining a permit. He claimed that giving this power to churches violated the Establishment Clause.
The Court ruled 8-1 that the Massachusetts law was unconstitutional because it substituted religious decision-making for public legislative authority.
| Majority Opinion: (Chief Justice Burger) |
The Court has recognized the importance of offering zoning protection to schools and churches. This case is different because the religious establishment is given the decision of whether the permit should be issued. There are no standards placed to guide the churches in making their decisions. The law violates the Lemon test because it advances religion and creates 'excessive entanglement' with religion. The ordinance "substitutes the unilateral and absolute power of a church for the reasoned decision-making of a public legislative body acting on evidence and guided by standards, on issues with significant economic and political implications."
This decision acknowledges the interest of a state to have special zoning laws to protect churches and schools. However, when religious bodies are given sole authority in deciding which establishments should be permitted, the state has unconstitutionally divested itself of its authority and transferred it to religious organizations.
Copyright © The Religious Freedom Page.
|
