Catholic Charities of Diocese of Albany v. Serio

In Catholic Charities of Diocese of Albany v. Serio, 7 NY3d 510 (2006) the court determined that in order to overcome a neutral statute of general applicability, the party challenging the statute must show that it is unreasonable. (Id. at 526.) Even assuming that the defendant has a bona fide religious interest in the use of marijuana, the Court finds that she has failed to meet this burden. If the legislature determines that the religious exemption proffered by the defendant would undermine the regulation, and render impotent the legislature's ability to pursue its substantial interest in the public health and welfare, that determination is "entitled to deference." (Id. at 527.)