"A Bible study group and a book club are not treated the same"

[Douglas Laycock]

How many examples there are depends on what the Supreme Court finally says that Smith means.  If Marci gets her way, and Smith requires anti-religious motive that can be proved in court, then there are many examples.  If the opinion means what it says, and the compelling interest test applies to any law that has exceptions, then there aren't so many examples.  Legislative exceptions are very common, and when there are no exceptions, there is often a compelling state interest -- that's why they refused all exceptions.   

But even if no exceptions is the standard, there are still examples.  The fire fighter case we have been discussing is one.  Barr v. City of Sinton is another.   RFRAs also simplify the litigation even in cases where there are exceptions that would support a free exercise claim. 

Quoting Hamilton02 at aol.com:

>
> I'm still waiting for concrete examples of very real threats to religious
> freedom without rfras.  All examples welcome.
>
> Marci
>
> In a message dated 6/21/2009 6:32:23 P.M. Eastern Daylight Time,
> bp51414 at windstream.net writes:
>
> It may also be said that most citizens in states with rfras have little
> idea that there are very real threats to their religious freedom that make
> rfras necessary.
>
> Brad
>
>
>
>
>
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>

Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713

Links:
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