City of Boerne v. Flores
Encyclopedia
City of Boerne v. Flores, 521 U.S. 507 (1997), was a Supreme Court case concerning the scope of Congress's
enforcement power
under the fifth section of the Fourteenth Amendment
. The case also had a significant impact on historic preservation
.
Archbishop
of San Antonio
, Patrick Flores
, applied for a building permit to enlarge his 1923 mission-style St. Peter's Church in Boerne, Texas
. The building was located in a historic district and considered a contributing property
. Local zoning authorities denied the permit, citing an ordinance governing additions and new construction in a historic district. The Archbishop brought suit, challenging the ruling under the Religious Freedom Restoration Act
of 1993 (RFRA, pronounced "rifra"). Flores argued that his congregation had outgrown the existing structure, rendering the ruling a substantial burden on the free exercise of religion without a compelling state interest.
RFRA had been crafted as a direct response to the Supreme Court's decision in Employment Division v. Smith
, 494 U.S. 872 (1990), wherein the Court had upheld—against a First Amendment
challenge—an Oregon
law criminalizing peyote
use, which was used in Native American religious rituals. The State of Oregon won on the basis that the drug laws were "non-discriminatory laws of general applicability." Religious groups became concerned that this case would be cited as precedent for further regulation of common religious practices, and lobbied Congress for legislative protection. RFRA provided a strict scrutiny
standard, requiring narrowly tailored regulation serving a compelling government interest in any case substantially burdening the free exercise of religion, regardless of the intent and general applicability of the law.
; the judge struck down the RFRA as unconstitutional. Flores appealed to the United States Court of Appeals for the Fifth Circuit
, which found the RFRA constitutional and reversed the District Court's decision. Boerne filed a certiorari
petition to the Supreme Court. The National Trust for Historic Preservation, among other preservation organizations, filed briefs in support of Boerne.
, struck down RFRA as an unconstitutional use of Congress's enforcement powers. The Court held that it holds the sole power to define the substantive rights guaranteed by the Fourteenth Amendment—a definition to which Congress may not add and from which it may not subtract. Congress could not constitutionally enact RFRA because the law was not designed to have "congruence and proportionality" with the substantive rights that the Court had defined. Although Congress could enact "remedial" or "prophylactic" legislation to guarantee rights not exactly congruent with those defined by the Court, it could only do so in order to more effectively prevent, deter, or correct violations of those rights actually guaranteed by the Court. RFRA was seen disproportionate in its effects compared to its objective. Justice Kennedy wrote:
Moreover, remedial or prophylactic legislation still had to show "congruence and proportionality" between the end it aimed to reach (that is, the violations it aimed to correct), and the means it chose to reach those ends—that is, the penalties or prohibitions it enacted to prevent or correct those violations. Because RFRA was not reasonably remedial or prophylactic, it was unconstitutional.
. Another reason was that it explicitly declared that the Court alone has the ability to state which rights are protected by the Fourteenth Amendment. Yet another was that it had First Amendment consequences too, in that it spelled the end for any legislative attempts to overturn Employment Division v. Smith
.
The "congruence and proportionality" requirement replaced the previous theory advanced in Katzenbach v. Morgan
that the Equal Protection Clause is "a positive grant of legislative power authorizing Congress to exercise its discretion in determining the need for and nature of legislation to secure Fourteenth Amendment guarantees." Before the 1997 Boerne decision, Katzenbach v. Morgan was often interpreted as allowing Congress to go beyond, but not fall short of, the Court's interpretation of the Equal Protection Clause.
But that is not how the majority opinion in Boerne interpreted Katzenbach:
The holding of Boerne said that only the Court could interpret the Constitution, in order to maintain the "traditional separation of powers between Congress and the Judiciary." Also, Boerne relied on arguments for protecting the rights that pertain to state governments based on "enumerated powers." The intent of Boerne was to prevent "a considerable congressional intrusion into the States' traditional prerogatives and general authority." The holding of Boerne specifically mentioned the state action doctrine of the Civil Rights Cases as a Court interpretation of the Equal Protection Clause that limits the "remedial or preventive" power of Congress.
, in which it used the Spending Clause to require, for localities that receive federal funding, land use laws to accommodate religious freedom, essentially, as if RFRA had been constitutional.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
enforcement power
Congressional power of enforcement
A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language "The Congress shall have power to enforce this article by appropriate legislation" is used, with slight variations, in Amendments XIII, XIV, XV, XVIII, XIX, XXIII, XXIV, and XXVI...
under the fifth section of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. The case also had a significant impact on historic preservation
Historic preservation
Historic preservation is an endeavor that seeks to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance...
.
Facts
The basis for dispute arose when the CatholicRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
Archbishop
Archbishop
An archbishop is a bishop of higher rank, but not of higher sacramental order above that of the three orders of deacon, priest , and bishop...
of San Antonio
Roman Catholic Archdiocese of San Antonio
The Roman Catholic Archdiocese of San Antonio encompasses in Texas.The archdiocese includes the city of San Antonio and the following counties: Val Verde, Edwards, Kerr, Gillespie, Kendall, Comal, Guadalupe, Gonzales, Uvalde, Kinney, Medina, Bexar, Wilson, Karnes, Frio, Atascosa, and McMullen.On...
, Patrick Flores
Patrick Flores
Patrick Fernández Flores , is a Roman Catholic cleric and was Archbishop of San Antonio from 1979 until 2004. Flores was the first Mexican American to become a bishop of the Roman Catholic Church.-Early life:...
, applied for a building permit to enlarge his 1923 mission-style St. Peter's Church in Boerne, Texas
Boerne, Texas
Boerne is a city in the Hill Country of Texas in the United States. It is the county seat of Kendall County. Boerne was named in honor of Ludwig Börne, a Jewish German author and publicist, and its population was 10, 471 in the 2010 census. The city is noted for the landmark U.S. Supreme Court...
. The building was located in a historic district and considered a contributing property
Contributing property
In the law regulating historic districts in the United States, a contributing resource or contributing property is any building, structure, or object which adds to the historical integrity or architectural qualities that make the historic district, listed locally or federally, significant...
. Local zoning authorities denied the permit, citing an ordinance governing additions and new construction in a historic district. The Archbishop brought suit, challenging the ruling under the Religious Freedom Restoration Act
Religious Freedom Restoration Act
The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 , codified at through , is a 1993 United States federal law aimed at preventing laws that substantially burden a person's free exercise of their religion. The bill was introduced by Howard McKeon of California and...
of 1993 (RFRA, pronounced "rifra"). Flores argued that his congregation had outgrown the existing structure, rendering the ruling a substantial burden on the free exercise of religion without a compelling state interest.
RFRA had been crafted as a direct response to the Supreme Court's decision in Employment Division v. Smith
Employment Division v. Smith
Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 , is a United States Supreme Court case that determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was...
, 494 U.S. 872 (1990), wherein the Court had upheld—against a First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
challenge—an Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
law criminalizing peyote
Peyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
use, which was used in Native American religious rituals. The State of Oregon won on the basis that the drug laws were "non-discriminatory laws of general applicability." Religious groups became concerned that this case would be cited as precedent for further regulation of common religious practices, and lobbied Congress for legislative protection. RFRA provided a strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
standard, requiring narrowly tailored regulation serving a compelling government interest in any case substantially burdening the free exercise of religion, regardless of the intent and general applicability of the law.
District Court
The City of Boerne was successful at the United States District Court for the Western District of TexasUnited States District Court for the Western District of Texas
The United States District Court For the Western District Of Texas is a Federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has jurisdiction in over 50 Trans-Pecos, Permian Basin and Hill Country counties of the U.S....
; the judge struck down the RFRA as unconstitutional. Flores appealed to the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
, which found the RFRA constitutional and reversed the District Court's decision. Boerne filed a certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
petition to the Supreme Court. The National Trust for Historic Preservation, among other preservation organizations, filed briefs in support of Boerne.
Supreme Court
The Court, in an opinion by Justice Anthony KennedyAnthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, struck down RFRA as an unconstitutional use of Congress's enforcement powers. The Court held that it holds the sole power to define the substantive rights guaranteed by the Fourteenth Amendment—a definition to which Congress may not add and from which it may not subtract. Congress could not constitutionally enact RFRA because the law was not designed to have "congruence and proportionality" with the substantive rights that the Court had defined. Although Congress could enact "remedial" or "prophylactic" legislation to guarantee rights not exactly congruent with those defined by the Court, it could only do so in order to more effectively prevent, deter, or correct violations of those rights actually guaranteed by the Court. RFRA was seen disproportionate in its effects compared to its objective. Justice Kennedy wrote:
Moreover, remedial or prophylactic legislation still had to show "congruence and proportionality" between the end it aimed to reach (that is, the violations it aimed to correct), and the means it chose to reach those ends—that is, the penalties or prohibitions it enacted to prevent or correct those violations. Because RFRA was not reasonably remedial or prophylactic, it was unconstitutional.
Implications
Boerne is important for several reasons. One of them is that it introduced a completely new test for deciding whether Congress had exceeded its section-five powers: the "congruence and proportionality" test, a test that has proven to have great importance in the context of the Eleventh AmendmentEleventh Amendment to the United States Constitution
The Eleventh Amendment to the United States Constitution, which was passed by the Congress on March 4, 1794, and was ratified on February 7, 1795, deals with each state's sovereign immunity. This amendment was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v...
. Another reason was that it explicitly declared that the Court alone has the ability to state which rights are protected by the Fourteenth Amendment. Yet another was that it had First Amendment consequences too, in that it spelled the end for any legislative attempts to overturn Employment Division v. Smith
Employment Division v. Smith
Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 , is a United States Supreme Court case that determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was...
.
The "congruence and proportionality" requirement replaced the previous theory advanced in Katzenbach v. Morgan
Katzenbach v. Morgan
Katzenbach v. Morgan, 384 U.S. 641 , was a United States Supreme Court case regarding the power of Congress, pursuant to Section 5 of the Fourteenth Amendment, to enact laws which enforce and interpret provisions of the Constitution.- Facts :...
that the Equal Protection Clause is "a positive grant of legislative power authorizing Congress to exercise its discretion in determining the need for and nature of legislation to secure Fourteenth Amendment guarantees." Before the 1997 Boerne decision, Katzenbach v. Morgan was often interpreted as allowing Congress to go beyond, but not fall short of, the Court's interpretation of the Equal Protection Clause.
But that is not how the majority opinion in Boerne interpreted Katzenbach:
The holding of Boerne said that only the Court could interpret the Constitution, in order to maintain the "traditional separation of powers between Congress and the Judiciary." Also, Boerne relied on arguments for protecting the rights that pertain to state governments based on "enumerated powers." The intent of Boerne was to prevent "a considerable congressional intrusion into the States' traditional prerogatives and general authority." The holding of Boerne specifically mentioned the state action doctrine of the Civil Rights Cases as a Court interpretation of the Equal Protection Clause that limits the "remedial or preventive" power of Congress.
Historic preservation
The Supreme Court's decision in City of Boerne made a significant impact on the states' authority to enact and enforce laws, including those pertaining to historic preservation. Under RFRA, an otherwise neutral state law—such as zoning, or historic preservation ordinances—needed to be scrutinized if its enforcement involved a religious group or individual. Therefore, by declaring RFRA unconstitutional, the ability of the states to establish and maintain historic preservation ordinances was made easier. However, in 2000, Congress enacted the Religious Land Use and Institutionalized Persons ActReligious Land Use and Institutionalized Persons Act
The Religious Land Use and Institutionalized Persons Act , , codified as et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as giving churches and other religious institutions a way to avoid burdensome...
, in which it used the Spending Clause to require, for localities that receive federal funding, land use laws to accommodate religious freedom, essentially, as if RFRA had been constitutional.
See also
- List of United States Supreme Court cases, volume 521
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume