Catholic Charities of Sacramento, Inc. v. Superior Court

BROWN, J., Dissenting.

This case presents questions on which reasonable minds can differ—especially in light of the whimsical and somewhat erratic path of free exercise jurisprudence after the Supreme Court’s decision in Employment Div., Ore. Dept, of Human Res. v. Smith (1990) 494 U.S. 872 [108 L.Ed.2d 876, 110 S.Ct. 1595] (Smith). However, as a court pledged to defend constitutional limits, operating in the post-Smith environment, we ought to think very carefully about our role in defining the road ahead. *572Instead of being dismissive of the very serious claims presented here, we should treat…