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Supreme Court Case Highlights Religious Freedom and Antisemitism Concerns

4/15/2026, 12:25:48 AM

Background of the Case

The National Jewish Advocacy Center (NJAC) has submitted an amicus curiae brief to the U.S. Supreme Court regarding the case of Daniel Grand, an Orthodox Jewish man from University Heights, Ohio. In January 2021, Grand began hosting Shabbat prayer services, known as a minyan, in his home due to restrictions on driving during the Sabbath. This practice is essential for fulfilling his religious obligations, as Orthodox Jewish law prohibits travel on this day. However, following a complaint from a neighbor, the city issued a cease-and-desist order, citing local zoning laws that prohibit using a residence for religious assembly.

Legal Proceedings and Local Government Actions

The city of University Heights informed Grand that his home, located in a single-family district, could not serve as a place of worship. Mayor Michael Dylan Brennan exacerbated the situation by encouraging neighbors to monitor Grand's home for signs of religious activity, leading to increased surveillance by local authorities. When Grand challenged the cease-and-desist order, federal courts dismissed the case, ruling that he must first apply for a special-use permit and be denied before the courts could consider his claims under the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA).

NJAC's Arguments and Broader Implications

In its brief, NJAC argues that the prohibition against Grand's minyan is not merely a matter of preference but a religious obligation. The organization contends that the enforcement actions taken against Grand reflect a broader pattern of antisemitism in zoning laws, which have historically targeted Orthodox Jewish practices. Rabbi Dr. Mark Goldfeder, CEO of NJAC, stated, “What happened to Daniel Grand is not an isolated incident... municipalities using zoning laws to suppress Orthodox Jewish religious practice” is a recurring issue.

The brief emphasizes that the urgency of religious observance cannot be delayed by bureaucratic processes, asserting that “the Constitution does not require a Jewish man to wait for a bureaucracy to finish deliberating before he can pray with his neighbors in his own home.” David J. Benger, Litigation Counsel at NJAC, added that this case merits Supreme Court review due to the ongoing constraints on Jewish religious practices across the country.

Criticism and Opposition

While the NJAC's brief presents a strong case for religious freedom, critics may argue that zoning laws are necessary for maintaining community standards and that they apply uniformly to all residents, not just those of specific faiths. However, NJAC maintains that the swift enforcement actions and the mayor's encouragement of neighbor surveillance specifically target Jewish practices, highlighting a discriminatory application of these laws.

Verbatim Quotes

  • “What happened to Daniel Grand is not an isolated incident,” — Rabbi Dr. Mark Goldfeder, CEO of NJAC
  • “It is the latest chapter in a long and documented history of municipalities using zoning laws to suppress Orthodox Jewish religious practice. Taking can be compensated with money – a lost Shabbat prayer cannot. The Constitution does not require a Jewish man to wait for a bureaucracy to finish deliberating before he can pray with his neighbors in his own home.” — Rabbi Dr. Mark Goldfeder, CEO of NJAC
  • “This case deserves Supreme Court review because, across the country, Jewish religious practice has repeatedly been constrained through the neutral application of rules in ways that disproportionately burden visible Jewish life,” — David J. Benger, Litigation Counsel at NJAC

This case underscores the ongoing tensions between local zoning laws and religious freedoms, particularly for minority communities, and raises significant questions about the intersection of law, religion, and discrimination.