Reposted by Jim Oleske
Bruce Springsteen and The E Street Band's Land of Hope and Dreams American Tour: Philadelphia Freedom Cut Part 3 is coming soon.
Jim Oleske
@jimoleske.bsky.social
6.6K followers 1K following 606 posts
Professor, Lewis & Clark Law School. Teach constitutional law and torts, write on religious liberty and equal protection.
![2. The repeatedly reaffirmed rule of Smith resolves this case. The exceptions allegedly built into Colorado’s scheme do not give rise to a reasonable inference of targeting religion. Petitioners fail to identify any course of conduct that secular organizations may do but religious organizations may not. The nondiscrimination mandate applies evenhandedly to all preschools.
That should end the matter. Respondents are “pursu[ing] [their] governmental interests,” Lukumi, 508 U.S. at 545, in ensuring that children have equal opportunity to receive a preschool education. And they are doing so by regulating secular and religious conduct in identical ways. They are acting for children, including kids from nontraditional families, not against religion.
Respondents are not even arguably singling out religion for adverse treatment. The record overwhelmingly shows the opposite. Respondents
“organized working groups with different preschool providers”—including “faith-based preschool providers” like Petitioners—to “solicit input at regular meetings.”](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:iv73mapy52ilxfjnetqatnvu/bafkreif4bg76czl6guiii3y26u7y33vyyt7thjamaoglworynztolyvdru)
