European Court Says Lithuania Should Have Recognized Pagan Group

In Ancient Baltic Religious Association of  Romuva v. Lithuania, (ECHR, June 8, 2021), the European Court of Human Rights in a Chamber Judgment held that the Lithuanian Parliament (Seimas) violated Articles 9, 13 and 14 of the European Convention on Human Rights when it refused to grant the status of a State‑recognized religious association to Romuva.  Romuva is a community following traditional Baltic pagan beliefs. The court noted that the Lithuanian Bishops Conference opposed recognition of Romuva.  The court concluded:

The Court has repeatedly emphasized that maintaining true religious pluralism is vital to the survival of a democratic society .... The role of the authorities is not to remove the cause of tension by eliminating pluralism, but to ensure that the competing groups tolerate each other....

... [W]hen refusing to grant State recognition to the applicant association, the State authorities did not provide a reasonable and objective justification for treating the applicant association differently from other religious associations that had been in a relevantly similar situation, and the members of the Seimas who voted against the granting of State recognition did not remain neutral and impartial in exercising their regulatory powers.

The Wild Hunt reports on the decision.

Pagan Temple Can Move Ahead With Its RLUIPA Claim

In Yetto v.City of Jackson, (WD TN, Feb. 5, 2019), the founders of a Pagan Temple in Jackson, Tennessee sought a declaratory judgment that the city's zoning ordinance does not apply to the type of religious gatherings held by them at their home.  They also sought an injunction against enforcement of the zoning ordinance against them.  A Tennessee federal district court dismissed their Section 1983 Free Exercise claim on statute of limitations grounds. However the court refused to dismiss their RLUIPA "equal terms" claim as well as their claim that their gatherings do not fall under the term "churches or similar places of worship" as used in the city's zoning ordinance.

Neo-Pagan Group Gets NY Property Tax Exemption

In In the Matter of Maetreum of Cybele, Magna Mater, Inc., v. McCoy. (NY Ct. App., Nov. 18, 2014), New York's highest court, in a brief opinion, affirmed the decision of an appellate court that a neo-Pagan group is entitled to a tax exemption for property in the Town of Catskill that includes a 12-bedroom house, a caretaker's cottage, several outbuildings and an outdoor temple. The Court of Appeals said:

The Appellate Division properly granted the petitions. Petitioner adequately established its entitlement to the RPTL 420-a exemption, as the proof at the trial established that petitioner "exclusively" utilized the property in furtherance of its religious and charitable purposes.

(See prior related posting.) Courthouse News Service reports on the decision.

NY Top Court Hears Arguments Over Tax Exemption For Land of Pagan Group

Yesterday, the New York Court of Appeals-- the state's highest court-- heard oral arguments in Matter of Maetreum of Cybele, Magna Mater, Inc. v McCoy.  At issue is whether a neo-Pagan group is entitled to a tax exemption for a piece of property that includes a 12-bedroom house that was formerly an inn, a caretaker's cottage, several outbuildings and an outdoor temple.  The major disagreement is over whether the property is used primarily for religious purposes, as the state intermediate appellate court held (full text of opinion), or whether it is used primarily for residential purposes as the Town of Catskill and the trial court concluded. (See prior posting.) The Albany Times-Union reports on yesterday's arguments. A webcast of the oral arguments will be posted here by the Court next week.