Interesting 1885 Opinion of the Attorney Generalsupportingrel...

[Marc Stern]

    On a  technical reading of Jewish law, it is possible to argue that the
use of wine at the Seder is not sacramental in the way that wine is at the
mass, but precisely because as an intoxicating beverage it is a way of
celebrating freedom. The wine --though utterly indispensable for the ritual
-is not sanctified or representative of the Divinity.(Query-what is the
status of wine in Protestant churches that use it at communion?). Part of the
problem of course is that Prohibition itself was not a religiously neutral
movement. It was a thoroughly evangelical Protestant moveement(at a time when
most Protestants claimed to be evangelical) and it had hardly more sympathy
with Catholic use of wine than with Jewish uses.
I do not htink htat this internal characterization should affect a court's
determination of whether a practice is religious for reason's otherahve
stated.
Marc Stern