Re:Supreme Court says state may enforce some restrictions on...
by pnw_hazor on Saturday May 30, 2020 @11:35PM
(#23366957)
Zoning is a big area where churches often are found to have more freedom. The basic argument is that putting arbitrary restrictions on a church is a violation of the 1st Amd.
There is nuance, such as, if the state can prove to a court that a zoning restriction is necessary. For example, a rule against high occupancy buildings in a flood plain, or the like, may be okay. While a rule against off street parking in a residential neighborhood, or the like, may not be enforced against churches.
Generally, US governments get into trouble if they put restrictions on religious institutions that are not absolutely necessary.
What sort of disputes in the past would have revolved around the similarities or differences? Perhaps disputes about zoning or occupancy permits? You don't see a whole lot of that kind of dispute rising through the courts to make a lot of case law.