A city ordinance that gave churches veto power over the grant of liquor licenses for business within a quarter mile of the church was struck down by the state’s Supreme Court. In its decision, the court noted that even if the ordinance were not a violation of the Federal Establishment Clause, it clearly violated a provision in the state constitution requiring the separation of church and state because it delegated governmental authority to the churches. The Supreme Court opinion also harshly criticized the city council for passing an ordinance that was clearly in violation of state law.
To comply with the court’s decision and avoid future criticism, the city council adopted an ordinance prohibiting any cleric from sitting on any public board within the city. A cleric who is currently on a school board within the city brings a suit in federal district court to have the ordinance declared unconstitutional.
How should the court rule?
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First, consider whether this ordinance is interfering with the free exercise of religion. Second, consider the constitutional standard/level of review this ordinance will be subject to?
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