he Court has acknowledged the need for local communities to offering zoning protection to schools and churches, but this case was different because a religious organization can be given power to determine whether a permit may be issued. While the statute had a permissible secular purpose of protecting churches and schools from the disruptions often associated with liquor establishments, the Court concluded that these purposes could be accomplished by other means, e.g. an outright ban on liquor outlets within a prescribed distance, or the vesting of discretionary authority in a governmental agent required to consider the views of affected parties.
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So...according to the SUPREME COURT, as long as the law is applied uniformly and does not give deciding power to a church (which it does not) it does not violate the establishment clause.