Monday, November 05, 2012

Law On Damage To Church Property Survives Establishment Clause Challenge

In People v. Chambliss2012 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.

1 comment:

Beyond Belief said...

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.