Our Lady of Lourdes Church in Park Hills wants to build a grotto; The Attorney General argues in the lawsuit

Attorney General Russell Coleman announced Friday that the Attorney General’s Office is defending the right of a Kenton County church to build an outdoor religious shrine on its property.

In a brief issued for a case currently before the Kentucky Supreme Court, General Coleman outlined the fundamental protections of religious practice and upheld the church’s rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA).

“It is not for the courts to decide how we practice our religion in this country,” Coleman said. “For centuries, Americans have fought bravely and died for the right to practice their faith without substantial government burden. We proudly continue this fight today. Our office stands with men and women of faith who simply want to exercise their rights.”

In 2021, the Missionaries of St. John the Baptist received approval from the City of Park Hills to build a grotto at Our Lady of Lourdes Church. The simple structure would provide a quiet place for meditation and worship before and after church services.

Neighbors who opposed the altar brought a lawsuit. While the church won the case in Kenton Circuit Court, when the neighbors appealed, a three-judge panel of the Kentucky Court of Appeals overturned that decision, saying the city council lacked the legal authority to grant the variance and blocked the construction of the altar.

The attorney general supports the church’s call to allow construction of the shrine to continue.

In summary, the Attorney General’s Office says: “With respect, the Court of Appeal erred. No matter how important the building of the shrine is to St. John’s religious beliefs. What matters under RLUIPA is whether prohibiting St. John from building the shrine is a substantial burden on its religious exercise. Of course, it burdens this exercise.”

Kentucky Attorney General Matt Kuhn, Senior Assistant Solicitor General Jack Heyburn and Assistant Attorney General Daniel Grabowski filed the brief on behalf of the Commonwealth.

The case has not yet been scheduled for oral arguments before the Supreme Court.