The Myth of Ministry vs. Mortar: A Legal Policy Analysis of Landmark Designation of Religious Institutions

This Article proposes to examine the conflict between religious institutions and landmark preservation groups at both its empirical and normative levels. Part I of the Article provides an overview of historic preservation. It traces the development of the historic preservation movement, describes the standards and procedures commonly found in preservation ordinances, and discusses briefly the seminal cases in this field. Part II then attempts to answer three questions: (1) how extensive is the conflict between religious institutions and landmark commissions; (2) what has been the response of state and local legislatures to the conflict; and (3) what legal doctrines have the courts used in addressing this conflict? To answer these questions the Article presents empirical data regarding the extent and types of conflict between religious institutions and landmark commissions, and discusses the various legislative and judicial attempts to reconcile the seemingly incommensurate goals of the parties involved. Part III then considers the relevant caselaw and commentary in the context of the larger scholarly debate on First Amendment issues.