{"id":9333,"date":"2026-08-12T09:35:03","date_gmt":"2026-08-12T09:35:03","guid":{"rendered":"https:\/\/relocationtimess.com\/?p=9333"},"modified":"2026-08-12T09:35:03","modified_gmt":"2026-08-12T09:35:03","slug":"the-little-noticed-supreme-court-case-that-could-impact-where-people-pray","status":"publish","type":"post","link":"https:\/\/relocationtimess.com\/?p=9333","title":{"rendered":"The little-noticed Supreme Court case that could impact where people pray"},"content":{"rendered":"
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\n Daniel Grand wanted to host a small prayer session at his home near Cleveland. Instead, he wound up on a four-year pilgrimage to the Supreme Court.\n <\/p>

Read more US embassies in the Middle East prepare for extended period with reduced staff amid Iran war<\/a><\/p>\n

\n Grand, an Orthodox Jew, had invited about a dozen people to his rec room in early 2021 for a minyan, a prayer gathering of at least 10 men. Hours after learning about the invitation, city officials in University Heights, Ohio, sent him a cease-and-desist notice demanding that he first obtain a special-use permit.\n <\/p>\n

\n \u201cI was taken aback, frankly,\u201d Grand told CNN. \u201cI knew I didn\u2019t need a permit to pray.\u201d\n <\/p>\n

\n For a 6-3 conservative Supreme Court that almost always sides with religious interests, Grand\u2019s little-noticed appeal is primed to expand the power of churches, synagogues and other religious entities to challenge zoning laws that restrict their access to residential neighborhoods.\n <\/p>\n

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\nUS Supreme Court Justice Samuel Alito attends an event organized by the US Embassy to the Holy See, in Rome, Italy, on September 20, 2025.<\/span>\n<\/div>\n
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\n A decision, expected next year, could make it easier for religious groups to fightregulations dealing with abortion, health coverage for transgender care and anti-discrimination policies opposed on religious grounds. Religious groups say that state and federal governments have tried to avoid First Amendment scrutiny for those and other policies by claiming that the lawsuits challenging them are not yet \u201cripe\u201d for review in federal court.\n <\/p>\n

\n That is precisely what University Heights is arguing in Grand\u2019s case.\n <\/p>\n

\n Mayor Michele Weiss, who was not in office when the confrontation with Grand began, declined to comment. But city officials say in legal papers that Grand could not sue because the city had not technically denied his permit;Grand withdrew his application before the planning commission had fully considered it.\n <\/p>\n

\n \u201cCandidly, Grand wants this court to serve as a local planning commission,\u201d the city told the Supreme Court, and determine whether its zoning ordinance \u201capplies to the kinds of gatherings he now has in mind \u2014 whatever they may be and that is not clear.\u201d\n <\/p>\n

\n But the processes governments set up to review religious requests to be exempted from policies, critics say, can take too much time.\n <\/p>\n

\n \u201cLocal governments across the country are following this playbook,\u201d said E. Joshua Rosenkranz, a veteran appellate lawyer representing Grand.\n <\/p>\n

\n \u201cThe ramifications of this particular legal issue are huge because you can end up denying all sorts of religious exercise, indefinitely or permanently, just by running out the clock,\u201d he added.\n <\/p>\n

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Supreme Court justices make rare appearance before Congress\n <\/div>\n
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Supreme Court justices make rare appearance before Congress<\/div>\n<\/div>\n
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\n Prayer for relief\n<\/h2>\n

\n For Grand, the idea of hosting a minyan at his home was inspired by convenience. He has no synagogue nearby, he said, and doesn\u2019t drive on the Sabbath.\n <\/p>\n

\n \u201cIf Grand\u2019s next-door neighbor invited nine friends over for a weekly poker night or a Tupperware party, the city would not require a special permit to operate a \u2018casino\u2019 or \u2018storefront,\u2019\u201d Grand\u2019s attorneys told the Supreme Court. \u201cThe city targets only Grand\u2019s religious practice.\u201d\n <\/p>\n

\n City officials say they believed Grand had a larger gathering in mind. When Grand initially requested a permit, he noted that he had proposed 21 chairs. In his invitation, he had named the gathering: The Shomayah Tefilah Beis Hakeneset. And he invited people to \u201cspread the word\u201d and bring others to his home for prayer, according to court papers.\n <\/p>\n

\n Sara Bronin, a George Washington University law professor, questioned how the dispute wound up in federal court at all, let alone at the Supreme Court.\n <\/p>\n

\n \u201cIn any ordinary situation, this would have been resolved by the parties at the local level,\u201d said Bronin, an expert on land use who is the founder of the National Zoning Atlas, a national repository of zoning codes.\n <\/p>\n

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\nA hand-drawn map of Daniel Grand\u2019s planned prayer room in his home. CNN has blurred a portion of the image to hide Grand\u2019s address. <\/span>\n<\/div>\n
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\n The language in\u202fthe University Heights zoning code\u202fthat allows \u201ccustomarily incidental\u201d uses is \u201cfairly common in zoning codes across the country,\u201d Bronin said, and \u201csmall religious gatherings in a home would, in my view, normally\u202fbe interpreted to be allowed as a customary and incidental accessory use.\u201d\n <\/p>

Read more Trump calls them a \u2018tremendous thing\u2019 \u2014 but most Americans hate them<\/a><\/p>\n

\n The Supreme Court fight isn\u2019t technicallyabout the merits of the city\u2019s zoning ordinance, but rather whether Grand could sue before he received a definitive denial of a permit.\n <\/p>\n

\n Whether a case is \u201cripe\u201d for review is a question that\u2019s come up at the Supreme Court a lot lately. In April, a unanimous court allowed faith-based \u201ccrisis pregnancy centers\u201d in New Jersey to challenge a subpoena from the state\u2019s Democratic attorney general in federal court. New Jersey had tried to argue the case wasn\u2019t ripe for federal court review because the centers hadn\u2019t yet received a court order to enforce the subpoena.\n <\/p>\n

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\nPolice stand outside the US Supreme Court on April 1, 2026.<\/span>\n<\/div>\n
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\nSupreme Court lets faith-based pregnancy centers fight subpoena on First Amendment grounds<\/span>\n<\/p>\n

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\n Conservative Justice Neil Gorsuch that New Jersey\u2019s argument would allow any state to \u201cachieve exactly what the First Amendment forbids, marginalizing dissident voices and reshaping the marketplace of ideas to its pleasure, all while evading any legal challenge to its actions.\u201d Grand relies heavily on the decision in his appeal.\n <\/p>\n

\n The city is staking its claim on a 1985 precedent involving a bank that was preliminarily denied the ability to develop a property in Tennessee. In that case, a 7-1 majority ruled for the local planning commission, holding that the bank\u2019s case wasn\u2019t ripe because the government hadn\u2019t made a final decision in its case.\n <\/p>\n

\n More than zoning\n<\/h2>\n

\n Religious groups, including the US Conference of Catholic Bishops, see a connection to a broader \u201ctrend of state actors abusing ripeness to burden religion.\u201d\n <\/p>\n

\n The bishops\u2019 group points to ongoing litigation over a 2024 rule from the Equal Employment Opportunity Commission that requires employers to provide accommodations for women seeking an abortion, such as paid time off. Under that rule, if a religious employer wants to object to the requirements, its request is reviewed by the EEOC on a case-by-case basis. And until that review is complete, a federal lawsuit may not be ripe for review by courts.\n <\/p>\n

\n \u201cOver recent decades, federal agencies and state governments have realized that they can manipulate ripeness doctrine by placing a categorical burden on religious exercise but offer an individualized accommodation process,\u201d the Catholic group argued in a brief in Grand\u2019s case. \u201cThen, when religious groups sue based on the burden, the agencies invoke ripeness just like the city has done in this case.\u201d\n <\/p>\n

\n A federal district court and the Cincinnati-based 6th US Circuit Court of Appeals sided against Grand, agreeing with the city that his case was not ripe.\n <\/p>\n

\n Grand filed his appeal at the Supreme Court without an attorney, an ill-advised move that almost always leads to a quick denial. But in March, the court asked the city to respond to it, a signal that at least some of the nine justices were interested. By the time Grand filed his reply brief in May, he had a team of lawyers that included not only Rosenkranz but also the prominent religious legal group Alliance Defending Freedom.\n <\/p>\n

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Kamala Harris proposes expanding the Supreme Court to 13 justices\n <\/div>\n
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\n Grand, who did have an attorney in the earlier stages of the case, described University Heights as a \u201cbeautiful suburb\u201d with a \u201cnice vibe.\u201d But court records also underscore the degree of hostility he has faced. One neighbor wrote a letter to the city complaining that, \u201cI am not Jewish and I do not want our neighborhood labeled as Jewish.\u201d\n <\/p>\n

\n Grand ultimately saw the process of securing the permit as futile, withdrew his application and filed the lawsuit in federal court in Ohio instead.\n <\/p>\n

\n \u201cI am not in any place to know what goes on in the head of somebody else,\u201d Grand said when asked if he thought the opposition to his plans was driven by antisemitism. \u201cI look at it as bigotry. People can fill in the blanks for themselves.\u201d\n <\/p>\n

\nAn earlier version of this story misidentified the national repository of zoning codes founded by Sara Bronin, a George Washington University law professor. That organization is the National Zoning Atlas.<\/em>\n<\/p>

Read more Trump tries new line of attack on Democrats, calling them \u2018jihadists\u2019<\/a><\/p>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"

Daniel Grand wanted to host a small prayer session at his home near Cleveland. 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