P.F. FLORES, Archbishop of San Antonio, Plaintiff-Appellant,
and
United States of America, Intervenor-Plaintiff-Appellant,
v.
CITY OF BOERNE, TEXAS, Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
January 23, 1996.
January 23, 1996.
Attorney(s) appearing for the Case
Thomas Drought, Patricia Jean Schofield, Drought & Pipkin, San Antonio, TX, H. Douglas Laycock, Austin, TX, for plaintiff-appellant.
Lowell Frank Denton, William Michael McKamie, Denton, McKamie & Navarro, San Antonio, TX, Marci A. Hamilton, Benjamin N. Cardozo School of Law, Yardley, PA, Gordon L. Hollon, Boerne, TX, for defendant-appellee.
Michael Jay Singer, Patricia Ann Millett, U.S. Dept. of Justice, Civil Division, App. Staff, Washington, DC, for United States.
James C. Geoly, James A. Serritella, Kevin R. Gustafson, Lily Fu, Mayer, Brown & Platt, Chicago, IL, for Catholic Conference of Illinois, amicus curiae.
Gene C. Schaerr, Rex E. Lee, Nathan C. Sheers, Sidley & Austin, Washington, DC, for Orrin G. Hatch, Senator, amicus curiae.
John H. Beisner, Washington, DC, David Armour Doheny, Elizabeth Sherrill Merritt, Washington, DC, Peter C. Chocharis, O'Melveny & Myers, Washington, DC, Laura S. Nelson, National Trust for Historic Preservation, Washington, DC, for National Trust for Historic Preservation in the United States, amicus curiae.
Marc D. Stern, American Jewish Congress, New York City, for Coalition for the Free Exercise of Religion, amicus curiae.
Before HIGGINBOTHAM, EMILIO M. GARZA and BENAVIDES, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PATRICK E. HIGGINBOTHAM, Circuit Judge:
The City of Boerne, Texas, contends that Congress lacks the authority to enact the Religious Freedom Restoration Act of 1993, Pub.L. No. 103-141, 42 U.S.C. § 2000bb et seq. The district court agreed. We are persuaded that the act is constitutional and reverse.
I.
The Saint Peter Catholic Church in Boerne, Texas, was built in 1923. In 1991, the Archbishop of San Antonio, Bishop Flores, authorized the parish...
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