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FIRST COVENANT CHURCH OF SEATTLE v. CITY OF SEATTLE

No. 56377-2.

120 Wn.2d 203 (1992)

840 P.2d 174

FIRST COVENANT CHURCH OF SEATTLE, Appellant, v. THE CITY OF SEATTLE, Respondent.

The Supreme Court of Washington, En Banc.

November 20, 1992.

Attorney(s) appearing for the Case

A.T. Wendells and Clinton, Fleck, Glein, DeSmet & Thomson, P.S., by Gordon S. Clinton, for appellant.

Mark H. Sidran, City Attorney, and Robert D. Tobin, Assistant, for respondent.

Steven T. McFarland, David C. Hammermaster, Angela C. Carmella, and Carl H. Esbeck on behalf of Christian Legal Society; Church Council of Greater Seattle; The Corporation of the Catholic Archbishop of Seattle; Washington State Catholic Conference; Diocese of Olympia, The Episcopal Church in Western Washington; North Pacific Conference of Covenant Churches; Evangelical Covenant Church; James E. Andrews as Stated Clerk of the General Assembly of the Presbyterian Church (U.S.A.); Baptist Joint Committee on Public Affairs; Evangelical Lutheran Church in America; General Conference of Seventh-Day Adventists; Council on Religious Freedom; Americans United for Separation of Church and State; National Association of Evangelicals; and National Council of the Churches of Christ in the U.S.A., amici curiae for appellant.

William E. Hegarty and Stephen J. Kennedy on behalf of the Municipal Art Society of New York, amicus curiae for respondent.

David A. Doheny, Andrea C. Ferster, Elizabeth S. Merritt, Frank Williamson, Stephen J. Kennedy, and Jerold S. Kayden on behalf of National Trust for Historic Preservation in the United States and Washington Trust for Historic Preservation, amici curiae for respondent.

DORE, C.J.

We reinstate our holding in First Covenant Church v. Seattle1 that applying the City's ordinances to the church violates the free exercise guaranties of the First Amendment to the federal constitution and article 1, section 11 of the state constitution. We have fully considered the Supreme Court's holding in Employment Div., Dep't of Human Resources v. Smith,

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