N.Y. Law Banning Gun Carrying in Churches (Including When Authorized by Church) Unconstitutionally …

discriminates against religious institutions Plaintiffs argue that, by “prohibiting the exercise of a fundamental constitutional right in places of worship while permitting its exercise on other private property—and by denying to religious leaders the authority it reserves to other private property owners to permit firearms,” the State “treats comparable secular activity more favorably than religious exercise and discriminates on the basis of religion.” For this reason, and as set forth below, the houses of worship exclusion violates Plaintiffs’ right to free exercise of religion guaranteed by the First Amendment. … “[A] plaintiff may carry the burden of proving a free exercise violation” by “showing that a government entity has burdened his sincere religious practice pursuant to a policy that is not ‘neutral’ or ‘generally applicable.'” Should a plaintiff make such a showing, the Court must find a First Amendment violation “unless the government can satisfy ‘strict scrutiny’ by demonstrating its course was justified by a compelling state interest and was narrowly tailored in pursuit of that interest.” {The Court need not resolve the issue of whether a threshold showing of a burden on a sincerely held religious belief is required [for religious discrimination claims -EV]. As discussed below, that requirement—if it exists—is met because the houses of worship exclusion does burden Plaintiffs’ sincerely held religious practices.} Plaintiffs are likely to succeed on the merits of their Free Exercise Clause claims…. Pastor Spencer believes that he has “a moral and religious duty to take reasonable measures to protect the safety […]

Click here to view original web page at N.Y. Law Banning Gun Carrying in Churches (Including When Authorized by Church) Unconstitutionally …