At the National Constitution Center, we value civil dialogue, which empowers students to speak about constitutional and historical topics in ways that remain civil, respectful, and reflective. As you prepare to discuss these topics in your classroom, we encourage you to establish norms such as:
- Stay calm
- Listen patiently
- Listen actively
- Don’t speak twice until everybody has spoken once
You can find more support for establishing norms and civil dialogue practices in our Civil Dialogue Toolkit.
Media Asset
National Constitution Center’s Constitution Daily Blog – Supreme Court asked to consider dispute over religious use of public park by Scott Bomboy
Big Constitutional Question
Can the government change how public land is used, even if it makes it harder for a religious group to practice there?
Headline Story
For decades, members of the Lipan Native American Church used a bend in the San Antonio River for religious observances. Renovation plans from the city of San Antonio would remove trees used by migratory birds to nest, including cormorants. Cormorants are considered sacred by the church and a part of their religious ceremonies. Church members Gary Perez and Matilde Torres sued, arguing that the city’s plan would burden their religious exercise.
Lower courts sided with the city, arguing that there was a compelling interest in public health and safety. They also recognized that the church still had broad access to the park for worship.
In June 2026, the church asked the Supreme Court to review the case. About a dozen religious organizations across the ideological spectrum have filed amicus briefs supporting the church, and the Court asked the city of San Antonio to respond by October 30, 2026.
Matters of Debate: The First Amendment’s Free Exercise Clause
The Free Exercise Clause protects certain religious practices from government interference, but scholars have long disagreed about how far that protection reaches when a neutral law or policy, like a park renovation, makes practicing religion harder.
Scholar
Constitutional Basis
What They Argued
Frederick Gedicks
Bringham Young University
Should people who practice religion be exempt from laws that apply to everyone else?
Gedicks argues that free exercise means treating all religions equally under the law, not giving religious believers special permission to break rules everyone else must follow. He argues courts have gone too far in recent years, letting religious groups skip rules in ways that shift real costs onto other people. He argues lawmakers, not judges, should usually decide when to make an exception for religion, since lawmakers can weigh everyone’s interest, not just one side.
Michael McConnell
Stanford Law School
How far can the government go to make room for religious practice under neutral laws?
McConnell argues that protecting religious freedom means more than simply not punishing people for their beliefs. A government should also try to work around religious practices when it reasonably can, as long as it doesn’t seriously injure someone else. He traces this idea back to the country’s earliest religious freedom cases in the 1790s. He sees recent Supreme Court rulings, which say religious activities must be treated at least as well as similar non-religious activities, as a return to that original idea.
Reflection Questions
- Using the blog post and your understanding of the First Amendment’s Free Exercise Clause, explain in your own words why Perez v. City of San Antonio is a religious liberty case.
- The Lipan Native American Church says the trees matter because sacred birds nest in them; the lower courts said the church still has “virtually unlimited access” to the park. In your own words, summarize what the church argues and what the lower courts decided. How does each side use the Free Exercise Clause to support its argument?
- What role does land use play in both sides’ arguments? How does shared use of public land add to the constitutional conversation about the exercise of religious practice?
Extension Activities
- Constitution 101: Before analyzing Perez, review the First Amendment’s Religion Clauses using Constitution 101: The First Amendment (Middle School), then complete the activity on religious freedom. The activity asks students to read excerpts from the Virginia Statute for Religious Freedom and connect it to the First Amendment.
- NCC Education Protocols: Using the Retell in Rhyme protocol, turn your understanding of the First Amendment’s free exercise clause into a poem. Be sure to include content from the blog post and Perez v. City of San Antonio in your poem.
- Breaking News: In small groups, script and perform a 60-second “breaking news” segment explaining Perez v. City of San Antonio to a general audience, translating legal terms like “substantial burden,” “compelling interest,” and “least restrictive means” into everyday language.
- Classroom-Ready Resource: : Close Reading: The Constitution
Beyond the Headlines
- NCC Resources
- Interactive Constitution
- Museum Interactives
- America’s Town Hall
- Classroom Resources
- Constitution in the Headlines
- Lesson Plans
- Classroom Resources by Topic
