Renzi v. Connelly School of the Holy Child

On February 26, 2001, the U.S. Supreme Court denied a petition for certiorari in this case, thus completing an important victory for the principle that government may enact laws and ordinances that accomodate religion. It has broad implications for the extent to which the government can accommodate private religious practice.

Earlier, on August 14, 2000, the U.S. Circuit Court of Appeals for the Fourth Circuit reversed a district court decision and upheld a Montgomery County, Maryland zoning ordinance that had been on the books for 50 years. The ordinance exempted school construction on church property from a requirement that a special exception first be obtained from the county. It was challenged by neighbors who lived near the Connelly School of the Holy Child, and who objected to the planned addition of classroom space to the school.

Federal District Judge J. Frederick Motz ruled on September 2, 1999 that the exemption violated the Establishment Clause of the First Amendment, and ordered a halt to construction then under way on a new building and two new parking lots. The case was appealed, and was argued before the Fourth Circuit in Richmond, Virginia on May 2, 2000.

On February 7, 2000, the Becket Fund filed an amicus curiae brief on behalf of itself and six religious organizations, arguing that in adopting the ordinance in question, Montgomery County was attempting to advance what is perhaps the most fundamental principle underlying both religion clauses in the First Amendment: that the religious liberty of all is best served when the goverrnment does not intrude on matters reserved for the religious sphere. Protecting the right of churches, synagogues and other religious institutions to be let alone, far from being an unconstitutional act, is in fact "in the best of our traditions." Indeed, the phrase is from Zorach v. Clauson (1952), in which the Supreme Court deemed it not merely permissible, but laudable, when legislative bodies take steps to accommodate private religious practice.

The PDF format version fully reproduces the brief filed with the court is 35 pages long and the file size is 208K.

Articles & News Items

• "Montgomery Co. (MD) Law is Constitutional," February 7, 2000
• "Fourth Circuit Reverses Decision in Maryland Case," August 14, 2000