Third Circuit Flags Potential First Amendment Violation in Shrine Zoning Denial
Third Circuit signals possible First Amendment violation in Catholic shrine zoning dispute.
Why it matters: Religious organizations frequently face challenges when expanding property use. This case underscores the legal risks for municipalities whose zoning decisions may infringe on religious freedoms protected by federal law.
- Holy Trinity Ukrainian Catholic Church sought rezoning to build a 13,000 sq ft chapel on its 41-acre property in Collier Township, Pennsylvania.
- Collier Township denied the rezoning over noise and economic impact concerns, leading to a lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and Free Exercise Clause.
- The U.S. District Court denied preliminary relief; on October 19, 2026, the Third Circuit declined interim relief but suggested the church may prevail on claims of discriminatory zoning enforcement.
- Judges Bibas and Montgomery-Reeves noted the zoning denial may stem from opposition to the church’s pro-life stance, implicating constitutional protections for religious exercise.
Holy Trinity Ukrainian Catholic Church owns 41 acres in Collier Township, Pennsylvania, including a cemetery dating back to the 1950s. In 2023, the church sought to construct a 13,000-square-foot chapel on its property to expand its religious services.
Collier Township denied the rezoning application over concerns about potential noise from chapel bells and possible economic hardships affecting local residents. This denial sparked a lawsuit filed by the church in January 2026, alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA)—which prohibits land use regulations imposing substantial burdens on religious exercise—and the First Amendment’s Free Exercise Clause, which protects religious practices from government interference.
The U.S. District Court for the Western District of Pennsylvania denied the church's motion for a preliminary injunction in April 2026, a decision the church appealed to the Third Circuit Court of Appeals. Oral arguments took place in September 2026.
On October 19, 2026, the Third Circuit denied the request for interim relief but signaled that the church might succeed on its claims, citing evidence that Collier Township applied zoning rules unevenly. Judges Bibas and Montgomery-Reeves indicated that the township’s denial appeared influenced by opposition to the church’s pro-life message, implicating the Free Exercise Clause.
Ryan Gardner and Jeremy Dys of First Liberty Institute, which advocates for religious freedom, commented that "it is unlawful for Collier Township to enforce rules on the church not applied to others" and "when town officials wield zoning laws selectively against a church, it violates federal law." While these remarks emphasize potential bias, the court will ultimately weigh municipal interests versus religious rights.
This case illustrates the ongoing tension between religious freedom and local zoning authority. For legal professionals advising religious institutions or municipalities, it highlights the critical need to ensure zoning decisions comply with RLUIPA and constitutional protections.
By the numbers:
- 41 acres — size of Holy Trinity Ukrainian Catholic Church property in Pennsylvania
- 13,000 sq ft — proposed size of new chapel
- January 8, 2026 — lawsuit filing date
Yes, but: While the court signaled possible religious discrimination, it also acknowledged legitimate government interests in land use regulation, so the final ruling may balance both concerns.
What's next: The Third Circuit is expected to issue a full ruling on the merits in early 2027, which could clarify zoning application standards under RLUIPA and the Free Exercise Clause.