[contemplator]

"...withholding govt services that they freely offer to others?

Good argument, but not exactly true. The military does in fact discriminate when it comes to their flyovers. The provide them to the NFL at football games for instance, but I'm sure you'd agree that they shouldn't provide them for other gatherings such as a KKK Klan Rally for example. It gives the impression of legitimacy and full support of the government. When it comes to religions, who gets to decide which ones would qualify? Would Muslims get them for instance? What about fringe religions such as Wiccans?

[paulycy]

When it comes to religions, who gets to decide which ones would qualify?

I see what you're saying from that practical point of view.

My issue is using religion itself as a disqualifying factor. That, in my non-lawyer opinion, is an injustice and anti-first amendment.

It all boils down to equal protection under the law.

"I can consider giving this service to you - unless you are freely exercising your religion" doesn't pass the equal protection test.

Common sense leads one to believe that would hold up in court IF the court is ruling based on the constitution (well, at least I think so.)