Church Preservation Exemption Upheld

A California law exempting religious organizations from local landmark preservation laws is constitutional, according to a state appeals court ruling.

Under the 1994 law, noncommercial property owned by religious organizations is excluded from historic landmark preservation laws. Thus a religious organization can alter or demolish a historic building if it decides the change is necessary for religious or financial purposes.

The law was challenged by the city of San Francisco and landmark preservation groups. They won a ruling in Sacramento Superior Court that the law established an unconstitutional state preference for religious organizations.

But the appeals court ruled 3 to 0 that the law merely removes a potential burden from the practice of religion by allowing religious organizations to decide which of their buildings should be preserved.