Jan. 8, 2001--
Opponents of the L.D.S. Church's new Boston temple lost an appeal at the U.S. Supreme Court Monday.
Opponents had challenged a Massachusetts zoning law that they said gives unconstitutional advantages to religious groups, and violates the Constitution's ban on government establishment of religion.
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The 1950 state law says zoning ordinances cannot ban the construction of buildings for religious uses in any zoning area, although they can set requirements for size, height, parking and open space on a lot.
The law was challenged in 1998 after the Mormon church started construction on a new $30 million temple in Belmont, a suburb of Boston. A separate lawsuit over the height of the temple's planned 139-foot steeple is ongoing.
Lawyers for the temple's opponents said the zoning exemption gave "enormous power and privilege to religious individuals and institutions to determine the characteristics of neighborhoods."
Lawyers for the Belmont building inspector said the law does not benefit only religious uses of land, but also non-religious uses such as schools, child care centers and agriculture. They also said the restrictions on building height and size mean religious groups "cannot simply build whatever they want regardless of the impact on neighbors."
The case is Boyajian v. Gatzunis, 00-452.
