I just came across this interesting (and, I think, correct) 2015 decision by Chief Judge Linda Reade (N.D. Iowa) in U.S. v. Aossey:
On December 5, 2014, a grand jury returned a 92 count Indictment (docket no. 6) charging Defendants with [among other things] … making false statements on export certificates … [and] wire fraud ….
Defendants argue that "the government's attempt to mandate truthful statements in foreign export documents regarding Halal slaughter is prohibited by the Establishment Clause." …
In Commack Self–Service Kosher Meats, Inc. v. Weiss (2d Cir. 2002), the Second Circuit found that the kosher fraud statutes violated the Establishment Clause because they had a primary effect of advancing and inhibiting religion and created an excessive government entanglement with religion. The New York statutes "define[d] 'kosher' as 'prepared in accordance with orthodox Hebrew religious requirements,' mandate[d] adherence to those requirements, or [were] integral to the State's enforcement of such requirements." The Second Circuit held that the statutes required the government to "interpret 'kosher' as synonymous with the views of one branch, those of Orthodox Judaism" and, as a result, "the State has effectively aligned itself with one side of an internal debate within Judaism." The Second Circuit concluded that such statutes "excessively entangle the State of New York and religion, and therefore run afoul of the Establishment Clause." …
