Ukrainian Catholic church sues Pennsylvania town for right to build chapel in its own cemetery

A Catholic church is suing Pennsylvania town leaders for allegedly violating the church’s freedom of religion with burdensome zoning requirements.

The Holy Trinity Ukrainian Catholic Church filed a lawsuit Jan. 7 against Collier Township for using zoning codes to discriminate against houses of worship.

Holy Trinity was established in the Pittsburgh area in the early 1900s and owns a 41-acre parcel of land, which is currently used as a cemetery.

The church wants to build a chapel on its land, but town leaders imposed “unlawful restrictions such as limiting how long and when church bells could ring, for whom memorial services could be held, and the size and height of buildings,” according to a press statement. 

For example, the church was told it could only ring its bell for 3 minutes for a memorial service – not for holidays, calls to prayer or other special occasions. 

And its proposed 13,000-square-foot chapel was restricted to 5,000 square feet, even though a local union has a much larger campus just up the road. 

But the zoning code would permit “secular establishments such as amusement parks, ice rinks, fitness centers, and country clubs” in the same area, according to the suit. 

“We’re not asking for anything more than our neighbors are accorded,” said Father Jason Charron, who leads the congregation. 

Holy Trinity is now suing Collier Township and its board of commissioners for violating its First Amendment rights. 

“The Township has shown clear discrimination in applying strict limitations on the church but giving free rein to comparable secular activities and neighboring organizations,” said Jeremy Dys, senior counsel for First Liberty, who is representing the plaintiffs. 

“Religious freedom means precious little if religious organizations cannot use their property for religious purposes.” 

The church has also cited the Religious Land Use and Institutionalized Persons Act, which “protect[s] individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws.” 

“It is a bitter irony that a Ukrainian Greek Catholic parish, part of a historic faith tradition that suffered brutal repression under the Soviet Union, is now facing government hostility here in the United States,” said another attorney for the plaintiff. 

“When officials restrict religious exercise without a compelling government interest, they endanger constitutional rights that protect all Americans.” 

The Collier Township manager declined to comment to local media, and the city’s attorney has denied accusations of religious discrimination.