Big Sky Colony, Inc. v. Montana Department of Labor & Industry

Issue: (1) Whether the Free Exercise Clause requires a plaintiff to demonstrate that the challenged law singles out religious conduct or has a discriminatory motive, as the First, Second, Fourth, and Eighth Circuits and Montana Supreme Court have held, or whether it is instead sufficient to demonstrate that the challenged law treats a substantial category of nonreligious conduct more favorably than religious conduct, as the Third, Sixth, Tenth, and Eleventh Circuits and Iowa Supreme Court have held; and (2) whether the government regulates “an internal church decision” in violation of the Free Exercise Clause, Hosanna Tabor v. EEOC, when it forces a religious community to provide workers’ compensation insurance to its members in violation of the internal rules governing the community and its members.