The lawsuit by Bensenville and St. John’s United Church of Christ, filed against the city over the relocation of the church’s graveyard to make room for the O’Hare expansion, has failed on First Amendment grounds (it’s not religious discrimination because the religious nature of the land is beside the point; it’s just in the way of Progress).
But they have a second, more ambitious gambit, which charges that uprooting the cemetery might interfere with the bodily resurrection of the dead (PDF):
“Destroying the cemeteries not only ‘inhibits,’ but completely precludes Plaintiffs from fulfilling their religious obligation to care for their fellow Christians, and to ensure that their full participation in the Resurrection is not jeopardized by disturbance of the sacred ground where they were laid to rest until Resurrection Day.”
Over at Christianity Today there’s an interesting discussion about how the legal challenge squares with Christian theology. The commenters are skeptical.