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Lance,

There are a couple of issues with your comment, first you confuse the standard of review that would be applied. For a private home the standard would be ordinary scrutiny, which requires only a "legitimate" government interest. For a church, the standard would be strict scrutiny which requires a "compelling" government interest. Further, I think you're mistaken about what constitutes compelling government interest. National security or preventing a breach of the peace are usually cited as compelling interests. I fail to see how "historic preservation" even comes close.

Your reference to nationalization in France was interesting as it's precisely the kind of government intrusion into religion that both religion clauses (establishment and free exercise) were intended to prevent.

by Steve on Oct 30, 2008 11:23 am • link • report

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