Re:Constitutionally, Religious Gatherings Must Enjoy the Sam...
by mrkstu on Monday June 08, 2020 @06:09PM
(#23461363)
That's generally the constitutional test- if you are generally regulating things and not singling out religions, you're ok.
Now if a particular practice is essential to that religion, you may have to show a compelling government interest in order to force the religion to comply.
The problem, of course, is that if the government is explicitly or even implicitly allowing flouting of those rules then the compelling government interest is null and void. Fig leafs like indoors vs outdoors isn't going to cut it.
Now if a particular practice is essential to that religion, you may have to show a compelling government interest in order to force the religion to comply.
The problem, of course, is that if the government is explicitly or even implicitly allowing flouting of those rules then the compelling government interest is null and void. Fig leafs like indoors vs outdoors isn't going to cut it.