In People v. Chambliss, 2012 Ill. App. Unpub. LEXIS 2653 (IL App., Nov. 1, 2012), an Illinois appellate court upheld against an Establishment Clause challenge an Illinois law (720 ILCS 5/21-1(d)(1)(C)) that makes damage to property of a place of worship, a school or agricultural equipment or property a greater offense than damage to other property. The court held that the legislature had a secular purpose in focusing on property in need of enhanced protection.
Monday, November 05, 2012
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1 comments:
Is there any record of what standard was used in determining these three types of property need "enhanced protection"?
Schools, churches and farm equipment?? There seems to be a problem if there is not clear rationale.
Tangentially, when I see "enhanced" thrown in, I think "extra-legal... As in "enhanced interrogation"... It's not torture as much as enhanced protection of property is not a Government displaying religious preference.
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