Sunflower Field Near Hickman, Nebraska (photo by Rick Duncan)
1. The court indicates that the free snow removal services "had not been available to other property owners in the town including other non-profit institutions or charitable institutions." Okay, suppose the town did offer free snow removal to all non-profit institutions, including religious non-profits." Apply the EC.
2. Suppose a city provides free snow removal to all secular non-profits but specifically excludes religious non-profits. Does this policy inhibit religion under the EC? Does it violate the Free Exercise Clause?
3. Suppose a city provides free snow removal to private non-profit institutions providing abortion services. Under this program, Planned Parenthood receives free snow removal but the pro-life Crisis Pregnancy Center does not. I sue claiming the program violates my rights under the Free Exercise Clause (since my taxes are being used to subsidize abortion providers). What result? Do I even have standing to bring this action? Recall Justice Gorsuch's concurrence in American Legion and "offended observer" standing.
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