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Posted 24 Feb 2001   For week ended May 07, 2000
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Sent on Mormon-News: 04May00

Summarized by Kent Larsen

Appeals Court Rules For Boston Temple
(Federal appeals court turns aside temple)
Boston Globe (AP) 4May00 N1

BOSTON, MASSACHUSETTS -- The First U.S. Circuit Court of Appeals ruled Wednesday that the state law allowing the construction of the Boston Temple is constitutional. The decision resolves, at least for now, the most potentially damaging of the two lawsuits against the building. The other lawsuit simply challenges the height of the building's steeple.

The three-judge panel of the appeals court ruled that the so-called Dover Amendment doesn't promote religion, but in fact protects religions from discrimination. In their 23-page opinion, the judges said that "a law that simply protects religious organizations from unfair treatment certainly cannot be impermissible."

However, Chief Judge Juan Torruella dissented in the opinion, saying that the law gave preference to religious uses of land compared to other uses. His seven-page dissent said that the law "goes far beyond prohibiting religious intolerance, by exempting religious users from the ordinary zoning process and by granting them a 'free pass' with regard to perhaps the most important issue in zoning regulation location." He said that the law "simply goes too far, in my opinion.


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See also:

Mormon News' Coverage of the Boston Temple Challenges

Copyright 1998, 1999, 2000, 2001 Kent Larsen · Privacy Information