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ISLAMIC CENTER OF MISS., INC. v. CITY OF STARKVILLE, MISS.

No. 87-4083.

840 F.2d 293 (1988)

ISLAMIC CENTER OF MISSISSIPPI, INC., et al., Plaintiffs-Appellants, v. CITY OF STARKVILLE, MISSISSIPPI, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 23, 1988.

Attorney(s) appearing for the Case

Wilbur O. Colom, Colom & Colom, Columbus, Miss., for plaintiffs-appellants.

Lydia Quarles, Dolton W. McAlpin, McAlpin & Quarles, Starkville, Miss., for defendant-appellee.

Before RUBIN, WILLIAMS, and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The first amendment to the Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." These provisions, made applicable to the states by the due process clause of the fourteenth amendment, forbid government to burden the free exercise of any religion or to favor one religion over another.

The zoning ordinance of the City of Starkville, Mississippi, prohibits...

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