(1) Whether the Free Exercise Clause of the First Amendment prohibits the government from discriminating against religious gatherings by restricting the size of religious gatherings while exempting or giving other preferential treatment to comparable nonreligious gatherings occurring inside the same houses of worship or to other comparable nonreligious gatherings occurring externally.

(2) Whether this Court's decision in Employment Division v. Smith, 494 U.S. 872 (1990), is irreconcilable with the proper understanding of the Free Exercise Clause of the First Amendment and should be overturned.

(3) Whether this Court's decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905), issued decades before the First Amendment was incorporated against the States and 60 years before strict scrutiny would become the governing standard in First Amendment cases, dictates a separate standard for determining First Amendment liberties in times of declared crisis.

(4) Whether the Establishment Clause of the First Amendment and this Court's holding in Everson v. Bd. of Educ. of Ewing Twp., 330 U.S. 1, 15 (1947) that "[n]either a state nor the Federal Government . . . can force or influence a person to go to or remain away from church against his will" is violated when a State prohibits or forbids upon criminal penalty houses of worship from assembling regardless of the size of the house of worship or the religious doctrine or practice.

(5) Whether the government's prohibition of religious worship services while permitting nonreligious services in the same houses of worship and providing numerous other exemptions for nonreligious expression is a content-based restriction on speech requiring the application of strict scrutiny.

Whether the Free Exercise Clause prohibits government discrimination against religious gatherings