P.F. Flores, Archbishop of San Antonio, and United States of America, Intervenor-Plaintiff-Appellant v. City of Boerne, Texas

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The City of Boerne, Texas, contends that Congress lacks the authority to enact the Religious Freedom Restoration Act of 1993, Pub.L. No. 103-141, 42 U.S.C. § 2000bb et seq. The district court agreed. We are persuaded that the act is constitutional and reverse.

I

The Saint Peter Catholic Church in Boerne, Texas, was built in 1923. In 1991, the Archbishop of San Antonio, Bishop Flores, authorized the parish to build a larger facility.

Some months later, the City of Boerne enacted Ordinance 91-05 in order to “protect, enhance and perpetuate selected historic…