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At issue is whether free exercise plaintiffs can only succeed by proving a particular type of discrimination claim - namely that the government would allow the same conduct by someone who held diff...
At issue is whether free exercise plaintiffs can only succeed by proving a particular type of discrimination claim - namely that the government would allow the same conduct by someone who held different religious views - as two circuits have held, or whether courts must consider other evidence that a law is not neutral and generally applicable, as six circuits have held; (2) whether Employment Division v. Smith should be revisited; and (3) whether the government violates the First Amendment by conditioning a religious agency's ability to participate in the foster care system on taking actions and making statements that directly contradict the agency's religious beliefs.