March 21, 2007

In the case of Mt. St. Scholastica, Inc v. City of Atchison, Kansas, a District Court Judge ruled that when the city denied the monastic community a demolition permit for their Administration Building, the city had violated the free exercise clause of the Constitution.

In the decision, Judge Carlos Murguia wrote: "It appears that the parties agree that plaintiff has a sincere religious belief requiring it to ‘administer [its] corporate holdings justly and prudently so that [it] will be able to witness publicly to the evangelical poverty each member has promised in her commitment to the monastic life.' Although defendant disputes whether this forbids the sale of plaintiff's property to third parties, defendant does not challenge whether its actions otherwise burdened plaintiff's religious practices. For the resolution of the present motions, the court accepts that defendant's actions have burdened plaintiff's religious practices without further analysis of this religious belief."

The ruling was welcomed by the Catholic nuns at Mount St. Scholastica, who believe the unused administration building — which totals more than 170,000 square feet — is a financial drain on their monastery.

Instead, they'd like to replace it with an outdoor sanctuary for meditation and prayer.

“We're pleased with the ruling,” said Sister Anne Shepard, prioress of Mount St. Scholastica told the Kansas City Star. “That's an understatement.”

Atchison Mayor Dan Garrity said it's unlikely the city will appeal the ruling: “I doubt the city will withstand that cost.”

The five-member City Commission, Garrity said, could vote as early as Monday to grant the demolition permit.

The debate dates to 2005, when the nuns sought the demolition permit. City commissioners denied the request.

At the heart of the controversy is a building known as St. Cecilia's that is connected to the administration building. St. Cecilia's is listed on the National Register of Historic Places. Because the administration building is within 500 feet of St. Cecilia's, and because St. Cecilia's is listed on the National Register, Mount St. Scholastica had to forward its demolition request to the Kansas State Historical Society.

That organization rejected the request. State law permits local governing bodies to allow demolition despite the historical society's ruling but only if there are no “feasible and prudent alternatives.” City commissioners said there were.

The commissioners' vote led to the lawsuit, which the nuns filed in May 2006. In it, they said they'd like to replace the building with an outdoor retreat area that would enable them “to better live the monastic life that they have chosen.”

The Court's decision is available at http://www.becketfund.org/files/80b36.pdf.

Becket Fund for Religious Freedom