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Solely because of the preschool is operated by a Church Rather than a secular, not profit. The state has made several important concessions in this case. Number one that the policy in this case is not neutral and that number two based on the religious character churches are not eligible for the benefit here. This admitted discoloration against religion violates this court free exercise principles. First, as stated in mcdaniel and smith, free exercise clause prevents the government from imposing special disabilities on the basis of religion and used a religious status. And forcing a choice between the exercise of religion and receiving either a government benefit, right or privilege. Assuming that there is no serious risk of an establishment violation, thats off the table are there any instances in which status, religious status, can be used to deny religions or religious believers benefits from the state or are you saying that its absent in the establishment clause problem . The status

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