Vertical Grave Marker Bans Do Not Violate Religious Freedom

Yesterday, as reported by the Palm Beach Post, the federal Eleventh Circuit Court of Appeals upheld regulations imposed by a city-owned cemetery in Boca Raton, Florida. Several owners of grave sites sued the city in 1998 arguing that a requirement that only ground level grave markers be used restricted their religious freedom to erect crosses, statues and other religious symbols. The Eleventh Circuit certified to the Florida Supreme Court questions relating to the application of Florida's Religious Freedom Restoration Act here. Yesterday in Warner v. City of Boca Raton, the Court of Appeals ruled, in accordance with the Florida Supreme Court's determination, that the regulations were permissible, and also rejected other state and federal constitutional attacks on the cemetery rules.