How This One South Blooming Grove Law Violates The First Amendment

Not only is there a 14th Amendment case to be made by Village residents, but they also might have a 1st Amendment case as well.

While investigating the Village of South Blooming Grove, I didn’t want this story to slip through the cracks: Local Law 1 of 2021. This resolution violates the Constitution’s Establishment Clause.

For those who need a refresher, the 1st Amendment says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [Emphasis Added]

In Everson v. Board of Education, the Supreme Court ruled that the Establishment Clause, the lines I bolded above, is applicable to local governing bodies.

So, it’s misleading for people to suggest that the 1st Amendment’s language about religion only applies to Congress. The 1st Amendment’s Establishment Clause also applies to governing bodies like the Village of South Blooming Grove.

Background

Local Law 1 of 2021 is a zoning change that allowed resident…