Supreme Court to hear case on religious gatherings and zoning laws

The Supreme Court of the United States has agreed to hear Daniel Grand v. University Heights, Ohio, a case concerning whether local land-use regulations can be used to restrict religious practices at home.

Daniel Grand, an Orthodox Jew, sought to host a minyan—a religious gathering of at least ten adult males—at his residence for the Sabbath and High Holidays. The city of University Heights issued a cease-and-desist order, claiming the gathering constituted a place of religious assembly that required a special zoning permit.

Lower courts, specifically the Sixth Circuit, dismissed Grand’s claims under the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA), ruling the case was not “ripe” for judicial review because Grand had not exhausted the local permitting process.

In support of Grand, the Manhattan Institute and the Orthodox Union have filed amicus briefs. They argue that the current legal requirement creates a “Catch-22,” allowing municipalities to restrict religious observances while preventing citizens from challenging those restrictions in court until a permit is officially denied. The Orthodox Union noted that such rulings could threaten other home-based observances, such as sitting shiva or celebrating Passover Seders.