1. Whether the presumption in § 407(b)(2) —that structures with traditional characteristics associated with churches or synagogues are places used primarily for religious worship —comports with the requirements of the Due Process Clause as to the State's burden of proof.

Whether the State's standard of proof—that structures with traditional characteristics associated with churches or synagogues are irrefutably presumed to be places used primarily for religious worship —provides greater criminal protections for traditional Judeo-Christian places of worship, in violation of the Establishment Clause of the First Amendment.

Whether the presumption in § 407(b)(2) comports with the Due Process Clause as to the State's burden of proof