Tuesday, September 21, 2021

Smith: Three Hypothetical prohibition Laws

1. State A enacts a total prohibition of alcoholic beverages

2. State B prohibits only the sacramental use of alcoholic beverages

3. State C enacts a prohibition law that is widely applicable, but the law contains a special interest exception that permits alcoholic beverages to be served with meals at restaurants and to guests at hotels.

Query: When State C's law is enforced to bust Communion wine at a church, where goeth Free Exercise?

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