Supreme Court to Hear Kentucky Church's Prayer Grotto Zoning Case
The case could significantly impact religious land-use laws nationwide.
The Supreme Court has agreed to review a case involving a Kentucky church's efforts to build a prayer grotto, a dispute that could have far-reaching implications for zoning laws across the United States.
The Missionaries of St. John the Baptist in Park Hills, Kentucky, are seeking to construct a roughly 600-square-foot grotto, which would include a shrine to the Virgin Mary, a plaza, a walking path, and a retaining wall. The church applied for a conditional-use permit and variance in March 2021. The church building itself has occupied the property for nearly a century, predating the city's 1974 zoning ordinance.
Initially, the church secured approval for the permit from the Park Hills Board of Adjustment in April 2021. However, two neighboring property owners challenged the decision in Kentucky state court. A trial court ruled in favor of the church, but the Kentucky Court of Appeals reversed the decision, stating the board had overstepped its authority and finding no violation of federal religious land-use law. The Kentucky Supreme Court upheld the appellate ruling in December 2025, leading the church to appeal to the U.S. Supreme Court.
At the heart of the case is the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law designed to protect religious institutions from substantial burdens on their property use. The church asked the Supreme Court to examine two questions under RLUIPA, but the court agreed to focus on a single question: whether prohibiting a religious institution from erecting a religious structure on its own property constitutes a "substantial burden" on religious exercise as defined by the law.
Ryan Gardner, senior counsel at First Liberty Institute, which represents the church, told Fox News Digital that the case extends beyond this specific grotto. "This is a massive case for religious liberty because it has the potential to impact every single zoning law in this country," Gardner said.
Gardner indicated that lower courts have interpreted RLUIPA in varied ways since its enactment in 2000, leading to inconsistent protections for religious organizations depending on their location. He believes the Supreme Court has an opportunity to establish a clearer national standard.
The church's petition to the Supreme Court argued that federal and state courts are divided on how to determine a "substantial burden" under RLUIPA. The opposing party, represented by the Frederics, contended that appellate courts generally consider similar factors and that differing outcomes often stem from specific factual circumstances. They also argued that the church had not demonstrated the unavailability of alternative locations for the grotto.
This case brings into focus two significant legal areas: religious exercise and the authority of local governments to regulate property use. While zoning laws serve a valid purpose in urban planning, Gardner asserted that these regulations must still comply with federal protections for religious freedom. He warned that a narrow interpretation of RLUIPA could have significant negative consequences for religious land use nationwide.