Do Americans Have Freedom of Religion or Not?

The topic of discussion for this Constitution Monday concerns the right to invite other people to pray with us in our homes. Lauren Irwin’s article published at Deseret News reports on the case of Daniel Grand, a devout Orthodox Jew who just wanted to pray in his home with a few friends in 2021. The U.S. Supreme Court agreed to hear his case. 

Daniel Grand, a devout Orthodox Jew, wanted to gather about a dozen people in his home outside of Cleveland in 2021. Instead, the minyan – a prayer gathering of at least 10 men – was stopped by city officials in University Heights, Ohio.

Grand was issued a cease-and-desist notice demanding that he obtain a permit that would label his home as a “place of religious assembly.” Police then were ordered to monitor his home and asked neighbors to file complaints about visitors to the house….

Grand has spent the last several years in court looking to fight back against what he said took him by surprise….

Grand initially had the idea of hosting the gathering at his home for convenience, since he doesn’t have a synagogue nearby and doesn’t drive on the Sabbath, which is a day of rest.

In June, the Supreme Court agreed to hear Grand’s case in the next term.

[Alliance Defending Freedom] ADF, a legal organization that protects religious freedom, said in a statement that Grand was never trying to establish his home as a synagogue, but rather “simply hosting a prayer gathering with friends.”

After receiving the cease-and-desist notice and being informed about needing a special-use permit, Grand canceled the gathering and tried to comply with the city’s directive by submitting an application for a permit.

His legal team said that neighbors went on to protest that they “do not want our neighborhood labeled as Jewish” and there was a citywide hearing that was marked with “overt hostility to Jewish religious practice.”

Grand later withdrew his application because he didn’t want to be part of an “inevitably hostile public spectacle.”

ADF and co-counsel Orrick, Herrington and Sutcliffe asked the Supreme Court to hear the case after it was dismissed in federal court. They’re asking the justices to clarify whether Americans have to go through permitting processes and can challenge government threat to individuals’ religious freedom.

They’re also arguing that the city officials were specifically targeting Grand’s religious practice, because a permit wouldn’t be required for a nonfaith-centered event, like a birthday party or Super Bowl party.

“Every American has the right to host a prayer gathering in his home, and he certainly doesn’t need a city permit to do so.” ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch said in a statement. “This city’s actions underscore a troubling trend of weaponizing zoning laws against people of faith while allowing other gatherings of the same size, like book clubs or poker nights, to meet without issue.”

This case should concern all people of faith. Grand is a Jew who was being persecuted by government officials in his home city, but the same thing could happen to Latter-day Saints, Catholics, or any other religious group.

The First Amendment to the U.S. Constitution guarantees Freedom of Religion, and it also guarantees Freedom of Speech, Freedom of Press, and Freedom of Assembly. Grand was denied his First Amendment rights, and it could happen to any other person of faith.