That simple command has, over the 200-plus years of the nation's history, led to many lawsuits. One of the more interesting of these cases was finally settled just a few days ago producing a result we think deserves to be specially noted. The U.S. Supreme Court refused to let stand a California Supreme Court decision which held that churches in that state are exempt from local landmark preservation laws. That may not sound like much of an issue, but the issue is very important in California and in other states where churches have had to make decisions about older buildings, many of which have lost their congregations or are no longer economically viable. The law granting the exemption was passed after the Catholic Church announced plans to close nine parish churches in San Francisco and some historic groups protested plans to raze some of the buildings.
Churches have a special place in American history for a very good reason.
This latter phrase hasn't generated nearly as much litigation as the former. That fact doesn't make it any less important, however, as the California and federal courts have just reminded us. We have had many past opportunities to complain when, in our view, courts get things wrong. It is only fair that they be given special attention when, as in this case, they so clearly got them right.