Is Religion Above the Law?

What intrigues me about this is what appears to be the choice by various Supreme Court justices to use quite naive language to express questions which cannot fail to have occurred to anyone who has really considered this issue at any time over the past several centuries.

Are we really just now noticing for the first time that language assigning legal protection to the idea of freedom of religion is inherently problematical?

Surely that has always been obvious  - both because of the lack of any definition of what, namely religion, is being protected, and because of the difficulty of defining a protected freedom to engage in activities which may include the restriction of other protected freedoms of other people.

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