A federal judge denied a motion May 4 to dismiss a case that alleges the Indianapolis Historic Preservation Commission violated a Catholic church’s religious freedom rights by requiring it to upkeep a shuttered church building at high cost.
Local outlet WIBC reported that the commission designated the church at the center of the lawsuit, Holy Cross Church, as a historical location in 2024. While Holy Cross officially closed in 2019, it had merged with St. Philip Neri Church in 2014.
The building’s historical status prevented it from being demolished and redistributed the management power of the property to the commission rather than St. Philip Neri. Citing restoration costs estimated to be between $7.5 and $8.5 million, St. Philip Neri applied to demolish the church.
According to local outlet WRTV, St. Philip Neri said it could not sell or repurpose Holy Cross due to canon law requirements for church properties. It also argued that blocking the demolition of Holy Cross imposed “grave and substantial burdens on the church.”
However, the commission denied the request. In response, St. Philip Neri filed suit and alleged that the commission violated the First Amendment’s free exercise and establishment clauses, the federal Religious Land Use and Institutionalized Persons Act, and Indiana law governing religious autonomy. However, the commission filed a motion to dismiss the case.
Its motion was denied by U.S. District Judge Matthew Brookman, who sided with St. Philip Neri and said that government officials repeatedly attempted to interpret church law during public hearings.
“That is an awful lot of religion talk for a government commission,” he wrote, according to WIBC.
St. Philip Neri pastor Father Jeffrey Dufresne said the decision to demolish Holy Cross was made through prayerful discernment with the mission of the parish in mind.
“We are hopeful for a resolution that ends the city’s interference and will allow us to more fully devote our efforts to St. Philip Neri’s ministries and outreach on the near eastside,” he said, according to WIBC.
The outlet reported that the case will now head to a trial, where St. Philip Neri will ask the court to declare the commission’s actions unconstitutional, prevent further interference, and order compensatory damages and attorney’s fees.