The petition of the day is:

12-1191

Issue: (1) Whether the Free Exercise Clause requires a plaintiff to demonstrate that the challenged law singles out religious conduct or has a discriminatory motive, as the First, Second, Fourth, and Eighth Circuits and Montana Supreme Court have held, or whether it is instead sufficient to demonstrate that the challenged law treats a substantial category of nonreligious conduct more favorably than religious conduct, as the Third, Sixth, Tenth, and Eleventh Circuits and Iowa Supreme Court have held; and (2) whether the government regulates “an internal church decision” in violation of the Free Exercise Clause, Hosanna Tabor v. EEOC, when it forces a religious community to provide workers’ compensation insurance to its members in violation of the internal rules governing the community and its members.

Posted in Big Sky Colony v. Montana Department of Labor & Industry, Cases in the Pipeline

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Sep. 17, 2013, 10:40 PM), http://www.scotusblog.com/2013/09/petition-of-the-day-478/