Cite as: 521 U. S. ____ (1997)
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Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
preliminary print of the United States Reports. Readers are requested to
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SUPREME COURT OF THE UNITED STATES
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No. 95–2074
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CITY OF BOERNE, PETITIONER v. P. F. FLORES,
ARCHBISHOP OF SAN ANTONIO, AND
UNITED STATES
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[June 25, 1997]
JUSTICE KENNEDY delivered the opinion of the Court.*
A decision by local zoning authorities to deny a church a
building permit was challenged under the Religious Free-
dom Restoration Act of 1993 (RFRA), 107 Stat. 1488, 42
U. S. C. §2000bb et seq. The case calls into question the
authority of Congress to enact RFRA. We conclude the
statute exceeds Congress’ power.
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Situated on a hill in the city of Boerne, Texas, some 28
miles northwest of San Antonio, is St. Peter Catholic
Church. Built in 1923, the church’s structure replicates
the mission style of the region’s earlier history. The
church seats about 230 worshippers, a number too small
for its growing parish. Some 40 to 60 parishioners cannot
be accommodated at some Sunday masses. In order to
meet the needs of the congregation the Archbishop of San
Antonio gave permission to the parish to plan alterations
to enlarge the building.
*JUSTICE SCALIA joins all but Part III–A–1 of this opinion.
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CITY OF BOERNE v. FLORES
Opinion of the Court
A few months later, the Boerne City Council passed an
ordinance authorizing the city’s Historic Landmark Com-
mission to prepare a preservation plan with proposed his-
toric landmarks and districts. Under the ordinance, the
Commission must preapprove construction affecting his-
toric landmarks or buildings in a historic district