The Missouri Supreme Court today ruled that Temple Israel of St. Louis could not be barred from building a new temple in a residential area because of zoning restrictions.
The decision came in the first suit ever to reach the Missouri Supreme Court on the question. At issue were zoning ordinances of the fashionable St. Louis suburb of Creve Coeur which were invoked when Temple Israel–the city’s leading Reform congregation–sought a building permit to erect a new temple and religious school.
Presiding Justice Lawrence Hyde ruled that “the State by its zoning act has granted no authority to cities to prohibit building either churches or schools in residence districts.” The decision noted that “if it is believed to be necessary to regulate the location of churches, this is a matter for the legislature to provide with proper safeguards for the fundamental liberty of the free exercise of religion protected by the Constitution.”
In ruling for Temple Israel, the Missouri high court upheld the decision of a lower court following a trial last year in which Temple Israel brought suit against the City of Creve Coeur. St. Louis community reaction to the earlier decision voiding the zoning ordinances was highly favorable, with all church groups and local newspapers hailing the decision as a victory for religious liberty. The decision of the City of Creve Coeur to appeal the case to the Missouri Supreme Court therefore came as some surprise.
The American Jewish Congress was invited to participate in the lawsuit by Temple Israel officials. In a brief submitted to the Missouri Supreme Court, the AJC cited 25 cases in 17 State courts in which zoning ordinances against religious institutions were held invalid.
The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
