Overview
- A certiorari petition filed by First Liberty Institute and the University of Texas Law and Religion Clinic asks the U.S. Supreme Court to review the Fifth Circuit’s decision in Perez v. City of San Antonio, with the filing dated June 26.
- Lower courts allowed San Antonio to continue a $3.5 million river‑wall and pump‑house stabilization project while permitting limited ceremonial access to a fenced park area under a district court order.
- Plaintiffs Gary Perez and Matilde Torres, members of the Lipan‑Apache Native American Church, say removal of heritage trees and bird‑deterrent tactics will drive away nesting double‑crested cormorants and permanently alter the site needed for specific ceremonies.
- The 5th U.S. Circuit Court of Appeals affirmed the trial court in a 2–1 ruling that the project does not substantially burden religious exercise and that the Texas Constitution’s religious‑service protection does not apply to government land‑management decisions.
- If the Supreme Court takes the case, it could set a national rule on how courts assess sincere religious claims and whether governments must use less‑destructive alternatives when public‑works projects affect sacred public land, but the high court accepts few petitions and lower‑court orders remain in effect while the petition is pending.