Amicus Curiae Brief — St. Mary Catholic Parish, Littleton, Colorado, et al., Petitioners v. Lisa Roy, in Her Official Capacity as Executive Director of the Colorado Department of Early Childhood, et al.

Supreme Court briefAug 24, 2026

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No. 25-581

IN THE

Supreme Court of the United States

___________

ST. MARY CATHOLIC PARISH, LITTLETON, COLORADO, et al.,

Petitioners,

v.

LISA ROY, IN HER OFFICIAL CAPACITY AS

EXECUTIVE DIRECTOR OF THE

COLORADO DEPARTMENT OF EARLY CHILDHOOD, et al.,

Respondents.

___________

On Writ of Certiorari to the United States

Court of Appeals for the Tenth Circuit

___________

BRIEF OF FIRST AMENDMENT SCHOLARS AS

AMICI CURIAE IN SUPPORT OF RESPONDENTS

___________

ELIZABETH B. WYDRA

BRIANNE J. GOROD*

PRAVEEN FERNANDES

DAVID H. GANS

JOSHUA D. BLECHER-COHEN

CONSTITUTIONAL

ACCOUNTABILITY CENTER

1730 Rhode Island Ave. NW

Suite 1200

Washington, D.C. 20036

(202) 296-6889

brianne@theusconstitution.org

Counsel for Amici Curiae

August 24, 2026

* Counsel of Record

TABLE OF CONTENTS

Page

TABLE OF AUTHORITIES ..................................

ii

INTEREST OF AMICI CURIAE...........................

1

INTRODUCTION AND SUMMARY OF

ARGUMENT .......................................................

1

ARGUMENT ..........................................................

6

I.

Founding-Era History Does Not

Support Petitioners’ Claim that the

Free Exercise Clause Ordinarily

Allows Individuals to Violate Neutral

and Generally Applicable Laws ............

6

This Court Has Long Recognized that

Individuals’ Free-Exercise Rights

Must Be Balanced Against

Government Interests in Protecting

Public Health, Safety, and Welfare ......

13

CONCLUSION.......................................................

28

APPENDIX.............................................................

1A

II.

(i)

ii

TABLE OF AUTHORITIES

Cases

Page(s)

303 Creative LLC v. Elenis,

600 U.S. 570 (2023) .....................................

26

Bd. of Dirs. of Rotary Int’l v. Rotary Club of

Duarte,

481 U.S. 537 (1987) .....................................

20

Bob Jones Univ. v. United States,

461 U.S. 574 (1983) ...........................

3, 18, 19

Bowen v. Roy,

476 U.S. 693 (1986) ................... 3, 4, 16, 22, 25

Braunfeld v. Brown,

366 U.S. 599 (1961) .....................................

14

Burwell v. Hobby Lobby Stores, Inc.,

573 U.S. 682 (2014) .....................................

24

Carson ex rel. O.C. v. Makin,

596 U.S. 767 (2022) .................................

5, 23

Church of the Lukumi Babalu Aye, Inc.

v. City of Hialeah,

508 U.S. 520 (1993) .................................

4, 21

City of Boerne v. Flores,

521 U.S. 507 (1997) .....................................

10

Edwards v. Aguillard,

482 U.S. 578 (1987) .....................................

25

Emp. Div., Dep’t of Hum. Res. v. Smith,

494 U.S. 872 (1990) ......................... 3, 4, 21, 22

iii

TABLE OF AUTHORITIES – cont’d

Page(s)

Espinoza v. Mont. Dep’t of Revenue,

591 U.S. 464 (2020) ...........................

5, 13, 22

Fulton v. City of Philadelphia,

593 U.S. 522 (2021) ................. 5, 21, 24, 26, 27

Gillette v. United States,

401 U.S. 437 (1971) ...........................

3, 14, 15

Hishon v. King & Spalding,

467 U.S. 69 (1984) .......................................

20

Hurley v. Irish-American Gay, Lesbian &

Bisexual Grp. of Bos.,

515 U.S. 557 (1995) .....................................

24

Jacobson v. Massachusetts,

197 U.S. 11 (1905) .......................................

15

Little Sisters of the Poor Saints Peter &

Paul Home v. Pennsylvania,

591 U.S. 657 (2020) .....................................

25

Lyng v. Nw. Indian Cemetery Protective

Ass’n,

485 U.S. 439 (1988) ................. 4, 16, 17, 22, 25

Mahmoud v. Taylor,

606 U.S. 522 (2025) ...........................

5, 24, 25

Masterpiece Cakeshop, Ltd. v. Colo. C.R.

Comm’n,

584 U.S. 617 (2018) ............................. 5, 23, 24

Newman v. Piggie Park Enters.,

390 U.S. 400 (1968) .....................................

19

iv

TABLE OF AUTHORITIES – cont’d

Page(s)

Norwood v. Harrison,

413 U.S. 455 (1973) .....................................

Prince v. Massachusetts,

321 U.S. 158 (1944) ...............................

19

13, 14

R v. Lane (1704)

87 Eng. Rep. 884 (QB) ................................

9

Roberts v. U.S. Jaycees,

468 U.S. 609 (1984) .................................

4, 20

Runyon v. McCrary,

427 U.S. 160 (1976) .....................................

19

Sherbert v. Verner,

374 U.S. 398 (1963) ...............................

16, 27

Tandon v. Newsom,

593 U.S. 61 (2021) ...................................

5, 23

Thomas v. Rev. Bd. of the Ind. Emp. Sec.

Div.,

450 U.S. 707 (1981) .....................................

19

Trinity Lutheran Church of Columbia, Inc.

v. Comer,

582 U.S. 449 (2017) ............................. 5, 13, 22

United States v. Lee,

455 U.S. 252 (1982) ............................. 5, 15, 18

W. Va. State Bd. of Educ. v. Barnette,

319 U.S. 624 (1943) .....................................

17

Wisconsin v. Yoder,

406 U.S. 205 (1972) ............................. 3, 17, 18

v

TABLE OF AUTHORITIES – cont’d

Page(s)

Constitutional Provisions

Del. Declaration of Rts. & Fundamental

Rules of 1776, § 3 ........................................ 8, 9

Ga. Const. of 1777, art. LVI ...........................

8

Md. Declaration of Rts. of 1776, art.

XXXIII .........................................................

7

N.H. Const. of 1784, pt. I, art. V....................

8

N.J. Const. of 1776, art. XIX..........................

9

N.Y. Const. of 1777, art. XXXVIII .................

7

R.I. & Providence Plantations Charter of

1663 .............................................................

8

S.C. Const. of 1790, art. VIII, § 1 ..................

7

U.S. Const. amend. I ...................................... 2, 6

Va. Bill of Rts. of 1776, § 16...........................

10

Legislative Materials

1 Annals of Cong. (1789) (Joseph Gales ed.,

1834) ............................................................

11

James Madison, Speech in Congress (Dec.

22, 1790), in Selected Writings of James

Madison 193 (Ralph Ketcham ed.,

2006) ...................................................... 11, 12

Northwest Ordinance of 1787, art. I .............

8

vi

TABLE OF AUTHORITIES – cont’d

Page(s)

Books, Articles, and Other Authorities

2 An American Dictionary of the English

Language (Noah Webster ed., 1st ed.

1828) ............................................................ 8, 9

Creating the Bill of Rights: The

Documentary Record from the First

Federal Congress (Helen E. Veit et al.

eds., 1991) ....................................................

Philip A. Hamburger, A Constitutional

Right of Religious Exemption: An

Historical Perspective,

60 Geo. Wash. L. Rev. 915 (1992) ........

11

6, 7, 9

Steven J. Heyman, Reason and Conviction:

Natural Rights, Natural Religion, and

the Origins of the Free Exercise Clause,

23 U. Pa. J. Const. L. 1 (2021) .............. 11, 12

Letter from Thomas Jefferson to a Comm.

of the Danbury Baptist Ass’n (Jan. 1,

1802) ............................................................

7

Letter from James Madison to Edward

Livingston (July 10, 1822), in Selected

Writings of James Madison 304 (Ralph

Ketcham ed., 2006) .....................................

3

Michael W. McConnell, The Origins and

Historical Understanding of Free

Exercise of Religion,

103 Harv. L. Rev. 1409 (1990) .................

8, 10

vii

TABLE OF AUTHORITIES – cont’d

Page(s)

Vincent Phillip Muñoz, Religious Liberty

and the American Founding (2022) ...........

10

Mark Storslee, Free Exercise and Funding,

101 Notre Dame L. Rev. 101 (2026) ...........

6

1

INTEREST OF AMICI CURIAE1

Amici are law professors who have taught courses

in constitutional law and devoted significant attention

to studying the First Amendment. A full list of amici

appears in the Appendix.

INTRODUCTION AND

SUMMARY OF ARGUMENT

Colorado administers a universal preschool

program (UPK) that offers free preschool for four-yearolds statewide. Private preschools that participate in

the voluntary program—whether secular or

religious—receive taxpayer funds to cover the costs of

educating these students. To participate, eligible

preschools must abide by the UPK program’s

nondiscrimination policy, which requires that

preschools not discriminate against either children or

parents based on, among other traits, sexual

orientation or gender identity. This requirement

applies to all preschools participating in Colorado’s

UPK program, and there is no pathway for any

preschool to be exempted from the program’s ban on

discrimination based on sexual orientation or gender

identity.

Petitioners are two Catholic parishes that each run

(or ran) a preschool; the Archdiocese of Denver; and

two parents with preschool-age children. They allege

that the preschools cannot comply with the UPK

program’s nondiscrimination policy because of their

religious beliefs, and they argue that the

1 No counsel for a party authored this brief in whole or in

part, and no counsel or party made a monetary contribution

intended to fund its preparation or submission. No person other

than amici or their counsel made a monetary contribution to its

preparation or submission.

2

nondiscrimination requirement thus violates the Free

Exercise Clause by excluding preschools and families

from receiving state benefits because of their religion.

If accepted by this Court, Petitioners’ claims would

mark a sea change in longstanding First Amendment

principles.

The First Amendment states that

“Congress shall make no law . . . prohibiting the free

exercise” of religion. U.S. Const. amend. I. Although

the Clause does not permit the government to burden

religious practice without justification, this Court has

never held—in fact, has expressly declined to hold—

that individuals’ religious views can provide a

justification for violating neutral, generally applicable

nondiscrimination provisions. To now hold otherwise

would hollow out such nondiscrimination provisions,

making them protections in name only, and would

force state governments to fund discriminatory acts

carried out under their auspices.

As amici know, such an expansive interpretation of

the Free Exercise Clause conflicts with Founding-era

history, as well as decades of this Court’s precedents.

To begin, historical evidence shows that individuals

cannot ignore neutral and generally applicable laws,

notwithstanding their right to exercise their own

religion. Several Founding-era state constitutions

included provisions that protected the free exercise of

religion, but also made clear that individuals could not

violate the peace and safety of other citizens when

exercising their religion. Some of those provisions

expressly noted that free-exercise protections did not

entitle individuals to violate civil laws. Moreover,

during the First Congress, legislators debated whether

to include provisions in the Second Amendment and

the Militia Bill that would expressly exempt

conscientious objectors, suggesting that those

3

legislators believed exemptions were something the

legislature could provide as a policy matter but were

not constitutionally required. In this vein, James

Madison declared that Americans deserve “immunity

of Religion from civil jurisdiction, in every case where

it does not trespass on private rights or the public

peace.” Letter from James Madison to Edward

Livingston (July 10, 1822), in Selected Writings of

James Madison 304, 306 (Ralph Ketcham ed., 2006).

Reflecting that history, cases predating this Court’s

decision in Employment Division, Department of

Human Resources v. Smith, 494 U.S. 872 (1990), made

clear that “activities of individuals, even when

religiously based, are often subject to regulation by the

States in the exercise of their undoubted power to

promote the health, safety, and general welfare,”

Wisconsin v. Yoder, 406 U.S. 205, 220 (1972). As this

Court put it, “[o]ur cases do not at their farthest reach

support the proposition that a stance of conscientious

opposition relieves an objector from any colliding duty

fixed by a democratic government.” Gillette v. United

States, 401 U.S. 437, 461 (1971).

Thus, before Smith, this Court held that “[t]he Free

Exercise Clause simply cannot be understood to

require the Government to conduct its own internal

affairs in ways that comport with the religious beliefs

of particular citizens.” Bowen v. Roy, 476 U.S. 693, 699

(1986). And also before Smith, this Court repeatedly

held that antidiscrimination laws satisfy even strict

scrutiny because eradicating discrimination is a

compelling government interest that cannot be

achieved without banning it outright. See Bob Jones

Univ. v. United States, 461 U.S. 574, 604 (1983)

(describing

the

government’s

“fundamental,

overriding

interest

in

eradicating

racial

4

discrimination in education”); Roberts v. U.S. Jaycees,

468 U.S. 609, 624, 628 (1984) (noting that a law

barring sex discrimination “plainly serves compelling

state interests of the highest order,” “even if

enforcement . . . causes some incidental abridgment of

[a party’s] protected speech”).

Smith built upon these earlier cases that balanced

individuals’ interests in exercising their religious

beliefs against the government’s interest in enforcing

generally applicable laws. There, this Court held that

if burdening religious exercise “is not the object of [a

law] but merely the incidental effect of a generally

applicable and otherwise valid provision, the First

Amendment has not been offended,” Smith, 494 U.S.

at 878, and permitted Oregon to enforce the

consequences of violating state drug laws even when

the drug use was religiously motivated, see id. at 890.

As the Court has since elaborated, “a law that is

neutral and of general applicability need not be

justified by a compelling governmental interest even if

the law has the incidental effect of burdening a

particular religious practice.” Church of the Lukumi

Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 531

(1993). Thus, as four members of the Smith Court

recognized, the Free Exercise Clause “does not ‘require

the Government itself to behave in ways that the

individual believes will further his or her spiritual

development.’” Smith, 494 U.S. at 900 (O’Connor, J.,

concurring in the judgment) (quoting Bowen, 476 U.S.

at 699; and then citing Lyng v. Nw. Indian Cemetery

Protective Ass’n, 485 U.S. 439, 449 (1988)).

Nor do cases this Court decided after Smith compel

a different approach. Those cases deal primarily with

scenarios in which—unlike the neutral and generally

applicable policy at issue in Smith—government

5

entities expressly targeted institutions or individuals

for differential treatment based on religion, see, e.g.,

Trinity Lutheran Church of Columbia, Inc. v. Comer,

582 U.S. 449, 462 (2017); Espinoza v. Mont. Dep’t of

Revenue, 591 U.S. 464, 476 (2020); Carson ex rel. O.C.

v. Makin, 596 U.S. 767, 789 (2022), or seemed to betray

anti-religion animus, see, e.g., Masterpiece Cakeshop,

Ltd. v. Colo. C.R. Comm’n, 584 U.S. 617, 634-35 (2018).

Colorado’s UPK program is also not beset by the

“myriad exceptions and accommodations for

comparable activities” that this Court has found

objectionable in other contexts that treat “secular

activity more favorably than religious exercise.”

Tandon v. Newsom, 593 U.S. 61, 62, 64 (2021) (per

curiam). And recent free-exercise cases upholding

challenges to general government policies have arisen

in contexts, like direct classroom instruction, in which

this Court highlighted fact-specific concerns about

state coercion. See Mahmoud v. Taylor, 606 U.S. 522,

554-55, 557 (2025). Moreover, well after Smith, this

Court has continued to acknowledge that eradicating

discrimination constitutes a “weighty” government

interest. Fulton v. City of Philadelphia, 593 U.S. 522,

542 (2021).

Thus, under this Court’s precedents, when

“followers of a particular sect enter into commercial

activity as a matter of choice”—like running a

preschool that seeks to join Colorado’s UPK program—

“the limits they accept on their own conduct as a

matter of conscience and faith are not to be

superimposed on the statutory schemes which are

binding on others in that activity.” United States v.

Lee, 455 U.S. 252, 261 (1982). As a result, Petitioners

do not have a First Amendment right to obtain an

exemption from Colorado’s policy prohibiting publicly

6

funded preschools from discriminating against

parents and children based on their sexual orientation

or gender identity. Once Colorado has chosen to

require the secular and religious preschools it funds to

consider applications from families regardless of those

protected traits, Petitioner preschools—like all other

preschools—must comply with that requirement if

they wish to participate in the UPK program. This

Court has repeatedly stated that the least restrictive

means of achieving the compelling governmental

interest of eradicating discrimination is to prohibit

discrimination across the board. And that is exactly

what Colorado has done here.

ARGUMENT

I. Founding-Era History Does Not Support

Petitioners’ Claim that the Free Exercise

Clause Ordinarily Allows Individuals to

Violate Neutral and Generally Applicable

Laws.

The First Amendment states that “Congress shall

make no law . . . prohibiting the free exercise” of

religion. U.S. Const. amend. I. Historical evidence

from the Founding era suggests that “late eighteenthcentury Americans tended to assume that the Free

Exercise Clause did not provide a constitutional right

of religious exemption from civil laws.” Philip A.

Hamburger, A Constitutional Right of Religious

Exemption: An Historical Perspective, 60 Geo. Wash.

L. Rev. 915, 916 (1992); cf. Mark Storslee, Free

Exercise and Funding, 101 Notre Dame L. Rev. 101,

135 & n.164 (2026) (citing scholarly agreement that, at

minimum, the Founding-era right barred “penalties

based on religion”). As Thomas Jefferson explained,

while individuals have “rights of conscience” under the

7

First Amendment, an individual “has no natural right

in opposition to his social duties.” Letter from Thomas

Jefferson to a Comm. of the Danbury Baptist Ass’n

(Jan. 1, 1802).

First, by 1789, a number of state constitutions

included provisions protecting the free exercise of

religion, but most of those provisions included “caveats

[that] reflected a willingness to allow government to

deny the otherwise guaranteed religious liberty to

persons whose religious beliefs or actions threatened

the capacity of civil society to fulfill its functions.”

Hamburger, supra, at 918. Some constitutions did so

explicitly: Maryland’s 1776 constitution provided that

“no person ought by any law to be molested in his

person or estate on account of his religious persuasion

or profession, or for his religious practice; unless,

under colour of religion, any man shall disturb the

good order, peace or safety of the State, or shall infringe

the laws of morality, or injure others, in their natural,

civil, or religious rights.” Md. Declaration of Rts. of

1776, art. XXXIII (emphasis added). Thus, Maryland’s

constitution specifically noted that a person’s religious

beliefs could not be used to secure an exemption from

laws protecting others’ civil rights.

Similarly, both New York’s 1777 constitution and

South Carolina’s 1790 constitution provided that “free

exercise and enjoyment of religious profession and

worship, without discrimination or preference, shall

forever hereafter be allowed . . . : Provided, That the

liberty of conscience . . . shall not be so construed as to

excuse acts of licentiousness, or justify practices

inconsistent with the peace or safety of this State.”

N.Y. Const. of 1777, art. XXXVIII; S.C. Const. of 1790,

art. VIII, § 1 (second emphasis added). An act of

licentiousness meant an act in “contempt of the just

8

restraints of law, morality and decorum.”

Licentiousness, 2 An American Dictionary of the

English Language (Noah Webster ed., 1st ed. 1828).

These state provisions thus did not permit religious

adherents to gain exemptions from “just restraints of

law.” See R.I. & Providence Plantations Charter of

1663 (providing religious freedom so long as religious

adherents do not “use[] this libertie to lycentiousnesse

and profanenesse, nor to the civill injurye or outward

disturbeance of others”).

Other constitutions emphasized that rights to

religious freedom could not be used to disturb public

peace or safety. See, e.g., N.H. Const. of 1784, pt. I,

art. V (“Every individual has a natural and

unalienable right to worship God according to the

dictates of his own conscience, and reason” and may

not be “hurt, molested, or restrained in his person” for

doing so, “provided he doth not disturb the public

peace, or disturb others, in their religious worship.”

(emphasis added)).2 Though some commentators have

suggested that these provisions only prevented

individuals from violating “a narrower subcategory of

the general laws,” such as “breach[ing] public peace or

safety,” Michael W. McConnell, The Origins and

Historical Understanding of Free Exercise of Religion,

103 Harv. L. Rev. 1409, 1462 (1990), that

2 See also Ga. Const. of 1777, art. LVI (“All persons whatever

shall have the free exercise of their religion; provided it be not

repugnant to the peace and safety of the State.” (emphasis added));

Del. Declaration of Rts. & Fundamental Rules of 1776, § 3

(providing freedom of religion “unless, under colour of religion,

any man disturb the peace, the happiness or safety of society”

(emphasis added)); Northwest Ordinance of 1787, art. I (“No

person, demeaning himself in a peaceable and orderly manner,

shall ever be molested on account of his mode of worship or

religious sentiments in the said territory.” (emphasis added)).

9

interpretation does not accord with the definition of

“peace” at the time. In the legal context, “peace” meant

“[p]ublic tranquility; that quiet, order and security

which is guaranteed by the laws; as, to keep the peace;

to break the peace.” Peace, 2 An American Dictionary

of the English Language, supra; see Hamburger, supra,

at 918 (“[E]very breach of law is against the peace.”

(quoting R v. Lane (1704) 87 Eng. Rep. 884, 885 (QB))).

As one commentator has pointed out, “the criminal

offenses over which common law courts had

jurisdiction were said to be ‘contra pacem,’” so “the

phrase ‘contra pacem’ became associated with the

notion of violation of law.” Id. By referencing “peace,”

then, these caveats effectively prevented individuals

from using religious beliefs to gain exemptions from

civil laws.

In addition, many of the caveats to state freeexercise provisions made explicit that religious

adherents should be treated exactly the same as

others, provided that they did not disturb public peace

or safety. New Jersey’s 1776 constitution, for instance,

provided that “all persons, professing a belief in the

faith of any Protestant sect, who shall demean

themselves peaceably under the government, as

hereby established, . . . shall fully and freely enjoy

every privilege and immunity, enjoyed by others their

fellow subjects.”

N.J. Const. of 1776, art. XIX

(emphasis added). And Delaware’s 1776 constitution

provided that Christians shall “enjoy equal rights and

privileges in this state, unless, under colour of religion,

any man disturb the peace, the happiness or safety of

society.” Del. Declaration of Rts. & Fundamental

Rules of 1776, § 3 (emphasis added).

These

constitutions did not provide that religious adherents

were entitled to special exemptions from neutral and

10

generally applicable laws. See McConnell, supra, at

1464 (explaining that references to “the government’s

right to protect public peace and safety” in state

constitutions showed “that a believer ha[d] no license

to invade the private rights of others or to disturb

public peace and order, no matter how conscientious

the belief or how trivial the private right on the other

side”).

To be sure, not all state constitutions addressed the

limits of religious freedom. See, e.g., Va. Bill of Rts. of

1776, § 16. However, the vast majority of state

constitutions included some caveat making clear that

religious adherents must comply with at least some

generally applicable laws. Thus, to the extent it is

“reasonable to think that the States that ratified the

First Amendment assumed that the meaning of the

federal free exercise provision corresponded to that of

their existing state clauses,” City of Boerne v. Flores,

521 U.S. 507, 553 (1997) (O’Connor, J., dissenting); see

McConnell, supra, at 1456 (“[S]tate constitutions

provide the most direct evidence of the original

understanding, for it is reasonable to infer that those

who drafted and adopted the first amendment

assumed the term ‘free exercise of religion’ meant

what it had meant in their states.”), these provisions

indicate that the First Amendment does not allow

individuals to invoke religious beliefs to avoid

complying with civil laws.

Second, debates during the First Congress

demonstrate that while some legislators believed that

accommodations for religious adherents might be good

policy, they did not understand the Free Exercise

Clause to require such accommodations. See Vincent

Phillip Muñoz, Religious Liberty and the American

Founding 231 (2022) (noting that the Free Exercise

11

Clause barred only “regulating, punishing, prohibiting

or mandating religious beliefs or exercises on account

of their religious character or for religious reasons”

rather than also requiring exemptions from general

laws (emphasis added in part)). For instance, when

Congress was considering the federal Bill of Rights, it

considered including a clause in the Second

Amendment specifying that “no person, religiously

scrupulous, shall be compelled to bear arms.” Creating

the Bill of Rights: The Documentary Record from the

First Federal Congress 182 (Helen E. Veit et al. eds.,

1991). This proposal generated considerable debate:

some argued that religious objectors must pay money

to avoid being required to bear arms in a militia, id. at

183, while others suggested that any exemptions

should be crafted by the legislature, not baked into the

constitutional text, id. at 184. Rep. Egbert Benson

urged that a religious exemption “is no natural right”

and would thrust the courts into “every regulation you

make with respect to the organization of the militia,”

such that any exemptions “ought to be left to the

[legislature’s] discretion.” 1 Annals of Cong. 780

(1789) (Joseph Gales ed., 1834). In the end, the Senate

rejected the religious-exemption clause. See Steven J.

Heyman, Reason and Conviction: Natural Rights,

Natural Religion, and the Origins of the Free Exercise

Clause, 23 U. Pa. J. Const. L. 1, 111 (2021).

Similarly, when the First Congress considered a

bill to organize the militia, there was robust debate

over whether religious minorities should be granted

the right to conscientiously object to military service.

See id. at 110-15. Framers like James Madison

believed that the bill should include a clause

exempting “persons conscientiously scrupulous of

bearing arms.” James Madison, Speech in Congress

12

(Dec. 22, 1790), in Selected Writings of James Madison

193, 193 (Ralph Ketcham ed., 2006). As Madison

argued, an important American value was “secur[ing]

the rights of conscience.”

Id.

His proposed

amendment drew criticism from several colleagues

who believed that conscientious objectors should not

be given any exemption from military service and, in

the end, it was rejected by an overwhelming margin.

See Heyman, supra, at 112-15.

Notably, across both constitutional drafting and

congressional debates, no one “suggest[ed] that the

Free Exercise Clause itself would require” a religious

exemption, id. at 115—let alone that some type of

strict scrutiny would apply to generally applicable

laws that impinged on religious practice. To the

Founding generation that drafted the First

Amendment, religious exemptions were within the

discretion of lawmaking bodies to grant but were not

constitutionally required.

In short, Founding-era history provides no support

for Petitioners’ claim that religious adherents must

receive exemptions from generally applicable laws

that conflict with their religious practice.3 Nor do this

Court’s precedents, as the next Section discusses.

3 Although Founding-era sources may support a claim that

government action that targeted religion was viewed as

impermissible, those sources do not support the distinct claim

that there is a constitutional right to be exempt from generally

applicable laws protecting the welfare of the citizenry.

13

II. This Court Has Long Recognized that

Individuals’ Free-Exercise Rights Must Be

Balanced Against Government Interests in

Protecting Public Health, Safety, and

Welfare.

Though the Free Exercise Clause “‘protects

religious observers against unequal treatment’ and

against ‘laws that impose special disabilities on the

basis of religious status,’” Espinoza, 591 U.S. at 475

(quoting Trinity Lutheran, 582 U.S. at 458, 461), this

Court has repeatedly explained—in Smith and in

cases both before and after it—that the government

has substantial latitude to regulate conduct in a

neutral fashion, even if doing so may indirectly burden

religious practice.

1. For over a century, this Court has explained that

although the First Amendment does not permit the

government to burden religious practice without

justification, it also does not grant individuals an

exemption from every law that indirectly burdens

religious activity. Rather, again and again in the

decades preceding Smith, this Court held that

religious beliefs must sometimes give way to generally

applicable laws when those laws further valid

government interests.

For instance, in Prince v. Massachusetts, this Court

held that the First Amendment does not grant

individuals who wish their children to sell religious

magazines on the street an exemption from child-labor

laws. 321 U.S. 158, 168-69 (1944). The Court

acknowledged the “obviously earnest claim for freedom

of conscience and religious practice,” id. at 165, but

explained that the “rights of religion” are not “beyond

limitation” and “regulation in the public interest,” id.

14

at 166. With regard to child-labor laws, the Court

concluded that “[i]t is too late now to doubt that

legislation appropriately designed to reach [that] evil[]

is within the state’s police power,” even against a

parent’s claim “that religious scruples dictate contrary

action.” Id. at 168-69.

This Court reiterated that principle in Braunfeld v.

Brown. There, a plurality upheld a Pennsylvania ban

on Sunday labor even though the law economically

disadvantaged people whose religious day of rest fell

on Saturday. 366 U.S. 599, 609 (1961) (plurality

opinion). The plurality explained that “if the State

regulates conduct by enacting a general law within its

power, the purpose and effect of which is to advance

the State’s secular goals, the statute is valid despite its

indirect burden on religious observance unless the

State may accomplish its purpose by means which do

not impose such a burden.” Id. at 607. This rule made

sense, in the Court’s view, because “we are a

cosmopolitan nation made up of people of almost every

conceivable religious preference,” so it “cannot be

expected . . . that legislators enact no law regulating

conduct that may in some way result in an economic

disadvantage to some religious sects and not to

others.” Id. at 606.

In Gillette v. United States, this Court upheld the

military draft as applied to individuals with religious

objections to certain wars, explaining that “[o]ur cases

do not at their farthest reach support the proposition

that a stance of conscientious opposition relieves an

objector from any colliding duty fixed by a democratic

government.” 401 U.S. at 461. The Court explained

that conscription laws “are not designed to interfere

with any religious ritual or practice, and do not work

a penalty against any theological position.” Id. at 462.

15

Any “incidental burdens” on religion are “justified by

substantial governmental interests that relate directly

to the very impacts questioned.” Id.; see Jacobson v.

Massachusetts, 197 U.S. 11, 29 (1905) (recognizing

that someone “may be compelled, by force if need be,

against his will and without regard to his . . . religious

or political convictions, to take his place in the ranks

of the army of his country”).

And this Court in United States v. Lee held that the

government could require Amish people to pay Social

Security taxes even though the payment of those taxes

conflicted with their religious beliefs. 455 U.S. at 254.

The Court explained that “[n]ot all burdens on religion

are unconstitutional” and that “[t]o maintain an

organized society that guarantees religious freedom to

a great variety of faiths requires that some religious

practices yield to the common good.” Id. at 257, 259;

see id. at 261 (“[E]very person cannot be shielded from

all the burdens incident to exercising every aspect of

the right to practice religious beliefs.”). Although the

Court suggested a searching standard of review, see id.

at 257-58 (requiring the government to “justify a

limitation on religious liberty by showing that it is

essential to accomplish an overriding governmental

interest”), it readily upheld the law, reasoning that

“[t]he tax system could not function” if it were

challengeable “because tax payments were spent in a

manner that violates . . . religious belief,” id. at 260.

Thus, “[w]hen followers of a particular sect enter into

commercial activity as a matter of choice, the limits

they accept on their own conduct as a matter of

conscience and faith are not to be superimposed on the

statutory schemes which are binding on others in that

activity.” Id. at 261.

16

The principle that individuals’ free-exercise rights

must

be

balanced

against

countervailing

governmental interests explains why this Court

repeatedly recognized prior to Smith that the

government retains substantial latitude to administer

its own public programs without having to

accommodate all individual beliefs. That is, “[t]he

Free Exercise Clause simply cannot be understood to

require the Government to conduct its own internal

affairs in ways that comport with the religious beliefs

of particular citizens.” Bowen, 476 U.S. at 699. In

Bowen v. Roy, the Court thus upheld the government’s

use of Social Security numbers to provide state

benefits to individuals even if assigning them a

number violated their religious beliefs. Id. at 701. As

Bowen explained, “[t]he Free Exercise Clause affords

an individual protection from certain forms of

governmental compulsion; it does not afford an

individual a right to dictate . . . the Government’s

internal procedures.” Id. at 700; see Sherbert v.

Verner, 374 U.S. 398, 412 (1963) (Douglas, J.,

concurring) (“[T]he Free Exercise Clause is written in

terms of what the government cannot do to the

individual, not in terms of what the individual can

exact from the government.”).

Similarly, in Lyng v. Northwest Indian Cemetery

Protective Ass’n, the Court held that the Free Exercise

Clause does not bar the government from permitting

timber harvesting on federal land traditionally used

for American Indian religious purposes. See 485 U.S.

at 441-42. The Court explained that a “broad range of

government activities—from social welfare programs

to foreign aid to conservation projects—will always be

considered essential to the spiritual well-being of some

citizens, often on the basis of sincerely held religious

17

beliefs,” even as “[o]thers will find the same activities

deeply offensive, and perhaps incompatible with their

own search for spiritual fulfillment and with the tenets

of their religion.” Id. at 452. For that reason,

“government simply could not operate if it were

required to satisfy every citizen’s religious needs and

desires.” Id. Rather, “[t]he First Amendment must

apply to all citizens alike, and it can give to none of

them a veto over public programs that do not prohibit

the free exercise of religion.” Id.

Even when this Court has upheld challenges to

government policies, it has reaffirmed the principle

that not all laws must give way to religious beliefs. For

example, in West Virginia State Board of Education v.

Barnette, the Court held that Jehovah’s Witnesses

could not be required to salute the American flag in

school. 319 U.S. 624, 631, 642 (1943). Notably, the

Court emphasized that “[t]he freedom asserted by

these appellees does not bring them into collision with

rights asserted by any other individual” and that, if it

did, such conflict would require a more careful analysis

about “where the rights of one end and those of another

begin.” Id. at 630.

And in Wisconsin v. Yoder, the Court held that the

First Amendment required an exemption from

compulsory-attendance laws where Amish religious

beliefs dictated that children attend at-home

vocational training rather than public high school. 406

U.S. at 234. Importantly, the Court acknowledged

that “activities of individuals, even when religiously

based, are often subject to regulation by the States in

the exercise of their undoubted power to promote the

health, safety, and general welfare.” Id. at 220. But

in that case, “an additional one or two years of formal

high school for Amish children in place of their long-

18

established program of informal vocational education

would do little to serve th[e] interests” of the state to

“prepare citizens to participate effectively and

intelligently in our open political system.” Id. at 22122.

Significantly, well before Smith, this Court

repeatedly declared that, even under strict scrutiny,

eradicating discrimination constitutes a paramount

government concern—and that barring discrimination

outright is the least restrictive method to achieve that

goal.

In Bob Jones University v. United States, for

instance, this Court held that religious schools could

be denied tax-exempt status if they discriminated

against racial minorities, even if they believed such

discrimination was required by their religious beliefs.

461 U.S. at 604. The Court applied a heightened

standard of review, id. at 603 (“[A] state may justify a

limitation on religious liberty by showing that it is

essential to accomplish an overriding governmental

interest.” (quoting Lee, 455 U.S. at 257-58)), but

concluded that “[t]he governmental interest at stake

. . . is compelling” even under that exacting standard,

id. at 604. “[T]he Government has a fundamental,

overriding

interest

in

eradicating

racial

discrimination in education—discrimination that

prevailed, with official approval, for the first 165 years

of this Nation’s history”—that “substantially

outweighs whatever burden denial of tax benefits

places on petitioners’ exercise of their religious

beliefs.” Id.

The Court concluded that “[t]he interests asserted

by [the religious schools] cannot be accommodated

with that compelling governmental interest . . . and no

19

‘less restrictive means’ . . . are available to achieve the

governmental interest.” Id. (citing Thomas v. Rev. Bd.

of the Ind. Emp. Sec. Div., 450 U.S. 707, 718 (1981));

see Newman v. Piggie Park Enters., 390 U.S. 400, 402

n.5 (1968) (treating as “patently frivolous” the claim

that a nondiscrimination law is “invalid because it

contravenes the will of God and constitutes an

interference with the free exercise of the Defendant’s

religion” (internal quotation marks omitted)).

Beyond the Free Exercise Clause, too, this Court

has insisted that eradicating discrimination is a

compelling government interest that can be

accomplished only by prohibiting it outright.

This Court has thus held that the government can

deny benefits to schools if they engage in

discrimination. In Runyon v. McCrary, this Court held

that a federal law prohibiting racial discrimination in

contracting constitutionally barred private schools

from choosing students on the basis of race. 427 U.S.

160, 176-77 (1976). Runyon acknowledged that “it

may be assumed that parents have a First

Amendment right to send their children to educational

institutions that promote the belief that racial

segregation is desirable, and that the children have an

equal right to attend such institutions,” but declared

that “it does not follow that the practice of excluding

racial minorities from such institutions is also

protected by the same principle.” Id. at 176; see id.

(noting that the Constitution “places no value on

discrimination” (quoting Norwood v. Harrison, 413

U.S. 455, 469 (1973))).

And this Court has upheld laws that prohibit sex

discrimination, rejecting arguments that private clubs

have a First Amendment right to exclude women. In

20

Roberts v. U.S. Jaycees, this Court emphasized that a

state law banning public accommodations from

discriminating based on sex was constitutional as a

content-neutral

regulation

that

“eliminat[es]

discrimination and assur[es] . . . citizens equal access

to publicly available goods and services.” 468 U.S. at

624. “That goal, which is unrelated to the suppression

of expression, plainly serves compelling state interests

of the highest order.”

Id.

Even if enforcing

antidiscrimination laws “causes some incidental

abridgment of [an organization’s] protected speech,

that effect is no greater than is necessary to

accomplish the State’s legitimate purposes.” Id. at

628.

Thus, “Minnesota’s compelling interest in

eradicating discrimination against its female citizens

justifies the impact that application of the statute to

[an organization] may have on the male members’

associational freedoms.” Id. at 623; see Bd. of Dirs. of

Rotary Int’l v. Rotary Club of Duarte, 481 U.S. 537, 549

(1987) (explaining that a “slight infringement” on

plaintiffs’ “right of expressive association . . . is

justified because it serves the State’s compelling

interest in eliminating discrimination against

women”); Hishon v. King & Spalding, 467 U.S. 69, 78

(1984) (holding that Title VII’s bar on sex

discrimination in hiring did not “infringe” a law firm’s

“constitutional rights of expression or association”).

Notably, in none of these cases did the Court ever

suggest that, although the government may lawfully

restrict freedom of expression and freedom of

association

when

applying

viewpoint-neutral

antidiscrimination laws, the cases would have been

decided differently if the plaintiffs had included a freeexercise claim as well.

21

2.

In 1990, this Court decided Employment

Division v. Smith and held that if prohibiting or

burdening the free exercise of religion “is not the object

of [a law] but merely the incidental effect of a generally

applicable and otherwise valid provision, the First

Amendment has not been offended.” 494 U.S. at 878.

In that case, the Court held that the Free Exercise

Clause did not bar Oregon from “deny[ing]

respondents unemployment compensation” under

state law “when their dismissal results from use of [an

illegal] drug” in accordance with their religious beliefs.

Id. at 890.

The Court subsequently explained that “a law that

is neutral and of general applicability need not be

justified by a compelling governmental interest even if

the law has the incidental effect of burdening a

particular religious practice.” Lukumi Babalu Aye,

508 U.S. at 531; see Fulton, 593 U.S. at 533 (“Smith

held that laws incidentally burdening religion are

ordinarily not subject to strict scrutiny under the Free

Exercise Clause so long as they are neutral and

generally applicable.”).

This Court has further

elaborated that a “law is not generally applicable if it

‘invite[s]’ the government to consider the particular

reasons for a person’s conduct by providing ‘a

mechanism for individualized exemptions.’” Fulton,

593 U.S. at 533 (alteration in original) (quoting Smith,

494 U.S. at 884). In addition, a law “lacks general

applicability if it prohibits religious conduct while

permitting secular conduct that undermines the

government’s asserted interests in a similar way.” Id.

at 534.

Smith also made clear that the Constitution does

not ordinarily empower reviewing courts to read

religious exemptions into duly enacted state laws.

22

Indeed, “to say that a nondiscriminatory religiouspractice exemption . . . is desirable, is not to say that it

is constitutionally required, and that the appropriate

occasions for its creation can be discerned by the

courts.” Smith, 494 U.S. at 890. Echoing earlier cases

discussed above, four members of the Smith Court

emphasized that the Free Exercise Clause “does not

‘require the Government itself to behave in ways that

the individual believes will further his or her spiritual

development.’” Id. at 900 (O’Connor, J., concurring in

the judgment) (quoting Bowen, 476 U.S. at 699; and

then citing Lyng, 485 U.S. at 449).

3. Even in post-Smith cases where this Court has

limited government action on free-exercise grounds,

the disputes have—unlike this case—most often

involved overt discrimination against religion or a

conclusion that government officials displayed antireligion animus.

Several of this Court’s more recent free-exercise

cases involved challenges to government programs

that singled out religious individuals or institutions

for differential treatment. In Trinity Lutheran, for

example, the Missouri Department of Natural

Resources enforced a policy that “expressly

discriminate[d] against otherwise eligible recipients

by disqualifying them from a public benefit solely

because of their religious character.” 582 U.S. at 462.

In Espinoza, Montana’s “no-aid provision bar[red]

religious schools from public benefits solely because of

the religious character of the schools” and prohibited

“parents who wish to send their children to a religious

school from those same benefits, again solely because

of the religious character of the school.” 591 U.S. at

476. And in Carson, Maine’s program of tuitionassistance payments “identif[ied] and exclude[d]

23

otherwise eligible schools on the basis of their religious

exercise.” 596 U.S. at 789. The policies in those cases

do not resemble Colorado’s nondiscrimination

requirement, which applies to all schools that seek to

join its public UPK program and is entirely neutral as

between secular and religious preschools—both of

which can receive funding under the scheme

challenged here. Indeed, neither Espinoza nor Carson

even mentioned Smith, let alone had occasion to

conduct a general-applicability inquiry of the sort

relevant here.

Nor does Colorado’s requirement reveal the sort of

anti-religion animus this Court has found

objectionable in other free-exercise cases.

In

Masterpiece Cakeshop, the Court concluded based on a

hearing record that a state commission’s treatment of

a complainant’s case bore “elements of a clear and

impermissible hostility toward the sincere religious

beliefs that motivated his objection.” 584 U.S. at 634.

And unlike the California scheme in Tandon, which

restricted gatherings for “at-home religious exercise”

while permitting commercial events of similar scale,

Colorado’s UPK program does not contain “myriad

exceptions and accommodations for comparable

activities” that treat “secular activity more favorably

than religious exercise.” 593 U.S. at 62-64. Rather,

all preschools seeking to participate in Colorado’s UPK

program must agree not to discriminate against

applicant families based on gender identity or sexual

orientation. That sort of general policy does not

“treat[] some . . . secular [preschools] more favorably

than . . . religious [preschools].” Id. at 63.

More broadly, well after Smith, this Court has

continued to recognize the gravity of the government’s

interest in eradicating discrimination to ensure

24

equality. See, e.g., Hurley v. Irish-American Gay,

Lesbian & Bisexual Grp. of Bos., 515 U.S. 557, 572

(1995) (noting that provisions barring discrimination

are “well within the State’s usual power to enact when

a legislature has reason to believe that a given group

is the target of discrimination, and they do not, as a

general matter, violate the First or Fourteenth

Amendments”).

Recently, in Fulton, this Court

confirmed explicitly that Philadelphia’s interest in

ensuring “the equal treatment” of same-sex couples

was a “weighty one, for ‘[o]ur society has come to the

recognition that gay persons and gay couples cannot

be treated as social outcasts or as inferior in dignity

and worth.’” 593 U.S. at 542 (alteration in original)

(quoting Masterpiece Cakeshop, 584 U.S. at 631); see

Masterpiece Cakeshop, 584 U.S. at 632 (“It is

unexceptional that [a state] law can protect gay

persons, just as it can protect other classes of

individuals, in acquiring whatever products and

services they choose on the same terms and conditions

as are offered to other members of the public.”);

Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682, 733

(2014) (“The Government has a compelling interest in

providing an equal opportunity to participate in the

workforce without regard to race, and prohibitions on

racial discrimination are precisely tailored to achieve

that critical goal.”).

Finally, Petitioners cite this Court’s decision in

Mahmoud, arguing that it invokes a general “rule

against religious-exercise-based benefits exclusions.”

Pet’rs Br. 34. But Mahmoud, which concerned a

challenge to a school board’s “no-opt-out policy” for

classroom instruction on certain books, cannot be

stretched that far. 606 U.S. at 563. There, this Court

distinguished cases like Bowen and Lyng based on

25

careful attention to the specific factual scenario in

which Mahmoud arose, emphasizing that the

“operation of the public schools is not a matter of

‘internal affairs’” because it “implicates direct, coercive

interactions between the State and its young

residents.” Id. at 557 (citing Bowen, 476 U.S. at 699);

see id. at 554-55 (recognizing the “potentially coercive

nature of classroom instruction,” where the

government “‘exerts great authority and coercive

power’” (quoting Edwards v. Aguillard, 482 U.S. 578,

584 (1987))).4 Unlike regulations like Colorado’s that

concern student enrollment and admissions, the direct

classroom-instruction context involves schools’ “power

to discipline [students] for misconduct.” Id. at 557; see

id. (emphasizing that “questions of public school

curriculum” are not “purely a matter of internal

affairs” because they implicate freedom of speech and

the Establishment Clause).

This Court thus

recognized that the “special character of the burden”

in Mahmoud (and Yoder), which both concerned

compulsory public-school instruction, required it to

bypass Smith’s analysis and apply strict scrutiny. See

id. at 564-65.

Colorado’s UPK program, which

provides benefits to secular and religious preschools

alike, imposes no such burden.

If preschools can participate in Colorado’s

voluntary funding program while opting out of any

4 Here, as in Bowen, “the objecting [parties] were not faced

with penalties or ‘coerced by the Governmen[t] into violating their

religious beliefs.’” Little Sisters of the Poor Saints Peter & Paul

Home v. Pennsylvania, 591 U.S. 657, 692 n.5 (2020) (Alito, J.,

concurring) (alteration in original) (quoting Lyng, 485 U.S. at

449). Petitioners simply may not join the government’s voluntary

program without complying with the nondiscrimination policy

that program applies to all participating preschools.

26

contractual term that burdens their religious beliefs,

the floodgates will open, as states could be required to

set aside all manner of nondiscrimination and other

policies they develop for their own programs. That

would mark a significant step beyond 303 Creative

LLC v. Elenis, in which this Court held that a state

antidiscrimination law could not compel a private

business owner providing “expressive services” to

fulfill orders “express[ing] views with which she

disagrees.” 600 U.S. 570, 580, 597 (2023). This Court

has never permitted private applicants seeking state

funding to redesign the rules of government programs

à la carte.

4.

Colorado’s nondiscrimination requirement

applies to all preschools seeking public UPK funding.

As the district court found, that requirement does not

admit of exceptions: “the Department has not created

a formal mechanism for exceptions to the sexualorientation and gender-identity aspects of the equalopportunity requirement.” Pet. App. 144a; cf. Fulton,

593 U.S. at 537 (“The creation of a formal mechanism

for granting exceptions renders a policy not generally

applicable, regardless whether any exceptions have

been given.”).

This program is thus markedly different from the

government scheme at issue in Fulton, which

expressly permitted carveouts to a Philadelphia

nondiscrimination policy if “an exception is granted by

the Commissioner . . . in his/her sole discretion.” Id. at

535 (emphasis added) (citation omitted); cf. Pet. App.

31a n.14 (“The real question . . . is whether the

Department has created a system of individual . . .

exemptions to the prohibition on discriminating based

on sexual orientation and gender identity. It has not,

and thus the law is still generally applicable.”); id. at

123a (“Here, there is no mechanism of individualized

27

exemptions to the equal-opportunity requirement.”);

id. at 127a (“[N]o universal discretion has been

authorized or exercised.”). The UPK program is thus

a far cry from programs this Court has considered

where “the inclusion of a formal system of entirely

discretionary exceptions . . . renders [a] contractual

non-discrimination

requirement

not

generally

applicable.” Fulton, 593 U.S. at 536. And it bears even

less resemblance to other programs that built

significant discretionary power into their core

institutional design. See Sherbert, 374 U.S. at 400-01

(discussing a statutory “good cause” exception to South

Carolina’s unemployment-compensation scheme).

***

In short, Petitioners’ claim that they must receive

an exemption from this neutral and generally

applicable nondiscrimination policy is supported by

neither Founding-era sources nor this Court’s case

law. This Court has never suggested, let alone held,

that the First Amendment’s Free Exercise Clause

allows individuals to avoid complying with a generally

applicable nondiscrimination policy that is imposed

equally on all participants. It should not start now.

28

CONCLUSION

For the foregoing reasons, the judgment of the

court of appeals should be affirmed.

Respectfully submitted,

ELIZABETH B. WYDRA

BRIANNE J. GOROD*

PRAVEEN FERNANDES

DAVID H. GANS

JOSHUA D. BLECHER-COHEN

CONSTITUTIONAL

ACCOUNTABILITY CENTER

1730 Rhode Island Ave. NW

Suite 1200

Washington, D.C. 20036

(202) 296-6889

brianne@theusconstitution.org

Counsel for Amici Curiae

August 24, 2026

* Counsel of Record

APPENDIX

1A

APPENDIX – TABLE OF CONTENTS

Page

LIST OF AMICI CURIAE ..................................... 2A

2A

APPENDIX

LIST OF AMICI CURIAE

Carlos A. Ball

Distinguished Professor of Law and Judge Frederick

Lacey Scholar,

Rutgers Law School

Katie Eyer

Vice Dean, Distinguished Professor of Law, and Judge

Guido Calabresi Scholar,

Rutgers Law School

Kent Greenfield

Professor of Law and Thomas F. Carney Distinguished

Scholar,

Boston College Law School

Gregory P. Magarian

Thomas and Karole Green Professor of Law,

Washington University in St. Louis School of Law

Kermit Roosevelt

David Berger Professor for the Administration of

Justice,

University of Pennsylvania Carey Law School

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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