(DOWNLOAD) "First United Methodist Church Of Seattle V. Hearing Examiner For Seattle Landmarks Preservation Board" by Supreme Court of Washington " eBook PDF Kindle ePub Free

eBook details

Title: First United Methodist Church Of Seattle V. Hearing Examiner For Seattle Landmarks Preservation Board
Author : Supreme Court of Washington
Release Date : January 09, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 86 KB

Description

DURHAM, C.J. -- Petitioner First United Methodist Church of Seattle (United Methodist) challenges a Court of Appeals ruling that permits Respondent City of Seattle (City) to designate its church a landmark. United Methodist argues that landmark designation violates the right to free exercise of religion under the First Amendment to the United States Constitution and article I of the Washington State Constitution. The Court of Appeals held that mere landmark designation of a church does not infringe on religious freedom, provided that government controls are suspended until the building ceases its religious function. That analysis marks a departure from recent precedent applying a strict scrutiny analysis and holding landmark designation unconstitutional once the complaining party shows a coercive effect on free exercise. Accordingly, we reverse the Court of Appeals and conclude that the Landmarks Preservation Ordinance, Seattle Municipal Code (SMC) 25.12, imposes an unconstitutional burden on United Methodist's right to free exercise of religion.