WASHINGTON (AP) - The Supreme Court let stand a California court decision Monday that religious organizations are exempt from local landmark preservation laws.
The court, without comment, turned down a challenge to a state law allowing church groups to raze and replace historic buildings.
Opponents say the 1994 law gives unconstitutional preference to religion, and puts secular groups at a competitive disadvantage in the real estate market.
The law stops cities and counties from enforcing preservation laws against property owned by religious organizations if the church groups request exemption and explain their reasons.
The law was passed after the local Catholic archdiocese announced plans to close nine parish churches in San Francisco, prompting some to threaten court challenges.
Preservationists and other opponents won a round in 1996, when a judge ruled the law favored religious organizations and was unconstitutional.
A midlevel appeals court overruled that decision in 1999, saying that the Constitution allows religious organizations freedom to decide which of their buildings to preserve.
The California Supreme Court majority followed the same reasoning when it ruled in December that the law is constitutional.
A San Francisco nonprofit housing and economic development group and a group of preservation and historical organizations appealed to the Supreme Court, claiming that the law violates the First Amendment prohibition on government ``establishment of religion.''
California Attorney General Bill Lockyer asked the high court to stay out of the case. The state should be able to grant exemptions to church property when complying with architectural and preservation rules would ``impair achievement of their religious mission.''
The case is East Bay Asian Local Development Corp. v. California, 00-1374.
On the Net: Supreme Court site: http://www.supremecourtus.gov
AP-NY-04-30-01 1324EDT
Copyright 2001 The Associated Press.