ADF: 11th Circuit Court of Appeals: Religious studies and prayer meetings at home OK

From the Alliance Defense Fund, we get news of another victory in another battle that should never have had to be fought. In this case, ADF fought for a rabbi's right to pray with other people in his own home. (Italics in original.)

ATLANTA—A federal appeals court ruled in an ADF-funded case Friday that Orange County, Florida, officials cannot require a rabbi to obtain a zoning exemption before he can host a small religious celebration in his house.

“Americans have the right to meet in their homes for prayer or to study religious materials without government interference,” said ADF attorney Joel Oster. “The court today affirmed that freedom by reversing the district court’s poorly reasoned decision that allowed the county to impose a burdensome permit and fee process.”

County officials cited Rabbi Joseph Konikov with code violations on two occasions for holding gatherings of 10 to 15 people in his home to read from the Torah and pray in accordance with Jewish practice and tradition. The district court ruled that Konikov’s rights were not violated under the Religious Land Use and Institutionalized Persons Act because it found no evidence that the county’s requirements affected his religious practice.

The U.S. Court of Appeals for the 11th Circuit disagreed, observing that “a group meeting with the same frequency as Konikov’s would not violate the code, so long as religion is not discussed. This is the heart of our discomfort with the enforcement of this provision.” The full text of the court’s opinion can be read at www.telladf.org/UserDocs/KonikovOpinion.pdf.

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