In
State of Washington v. Duschene, (WA App., June 8, 2020), a Washington state appellate court upheld the sentence and community custody provisions imposed on a convicted sex offender. Among other things, defendant argued that the condition that prohibits him from entering areas where children's activities regularly occur violates his 1st Amendment free exercise rights because this prohibits him from attending church services. The court disagreed, saying in part:
A burden on the exercise of religion ... must withstand strict scrutiny.... Once the complaining party establishes a coercive effect, the burden of proof shifts to the government to show the restrictions serve a compelling state interest and are the least restrictive means for achieving that interest....
The record shows that DuSchene has regularly attended church in the past, and that he considers himself a Christian. But he does not argue that he sincerely holds his religious convictions, that those convictions are central to the practice of his religion, or that the challenged enactment burdens the free exercise of his religion. Thus, he has not established that the condition has a coercive effect, and his challenge on this ground fails.
