U.S. Bishops Join Southern Baptists in Amicus Brief to Support Religious Liberty Following Accusations Against Private Home Prayer Gathering

A new amicus brief—jointly filed by the United States Conference of Catholic Bishops (USCCB) and the Ethics and Religious Liberty Commission (ERLC) of the Southern Baptist Convention—argues that religious freedom is a constitutional right requiring immediate judicial protection, not a privilege distributed at the discretion of local government officials.

Daniel Grand is a  Jew who invited around 12 friends to form a prayer group in his home. But when the City of University Heights, Ohio, found out, it issued a cease-and-desist letter and falsely accused Mr. Grand of starting an illegal synagogue in his living room. It got worse from there. City officials ordered police to spy on Mr. Grand’s home and encouraged neighbors to file complaints if anyone visited. The City issued legally unfounded property violations, unlawfully withheld Daniel’s Certificate of Occupancy and tax abatements (costing him thousands of dollars in additional taxes), regularly failed to pick up his trash, and engaged in a broader pattern of harassing conduct that went far beyond ordinary zoning enforcement.

Despite this direct threat of enforcement against protected religious practice, the Sixth Circuit dismissed Mr. Grand’s Religious Land Use and Institutionalized Persons Act (RLUIPA) and First Amendment claims as premature because he had not yet applied to the city for a variance or permit.

 Key Takeaways

• Core Issue: The Sixth Circuit wrongly dismissed a religious freedom case as "unripe" after the City of University Heights issued a cease-and-desist letter to Daniel Grand for hosting home prayer services, ruling he should have applied for a municipal permit first.

• Legal Flaw: The court improperly applied Williamson County—a Fifth Amendment property takings rule requiring final administrative decisions—to First Amendment and RLUIPA claims, where rights are violated as soon as government action chills religious exercise.

• Broader Impact: The USCCB and ERLC argue that forcing religious groups to seek government permission before challenging a credible threat creates a dangerous loop, allowing cities to burden faith practices while shielding themselves from judicial review.

• Requested Remedy: The Supreme Court should reverse the decision and reaffirm that Susan B. Anthony List v. Driehaus governs pre-enforcement standing in religious liberty disputes.

The amici contend that the Sixth Circuit committed a fundamental error by applying Williamson County Regional Planning Commission v. Hamilton Bank—a doctrine designed for Fifth Amendment property-takings claims—to a religious liberty case. While land-use takings require a finalized economic impact before a claim matures, First Amendment and RLUIPA violations occur the moment a credible government threat suppresses religious exercise. Requiring a plaintiff to apply for an optional administrative exemption before seeking judicial relief forces them to endure the very constitutional harm they are contesting.

Warning that this ruling provides municipalities a blueprint to restrict religious exercise while blocking access to federal courts, the USCCB and ERLC urge the Supreme Court to reverse the Sixth Circuit. They ask the Court to clarify that Susan B. Anthony List v. Driehaus governs pre-enforcement standing in religious freedom cases and that failing to seek a local variance does not neutralize a credible threat of enforcement.

Sources - https://adflegal.org/case/grand-v-city-of-university-heights/

Image - Daniel Grand from ADF Legal