Law Handbook With Exercises In Fulton
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Smith: A law may burden religion if it is neutral and generally applicable, but if not, then the burden on religion must be justified by a compelling government interest.
Strict scrutiny is a form of judicial review that courts in the United States use to determine the constitutionality of government action that burdens a fundamental right or involves a suspect classification (including race, religion, national origin, and alienage).
The Courts decision in Employment Division of Oregon v. Smith galvanized religious leaders of all faiths because it brazenly swept aside the long-held doctrine that government must show a “ compelling state interest” before infringing on religious practices.
Smith: A law may burden religion if it is neutral and generally applicable, but if not, then the burden on religion must be justified by a compelling government interest.
Neutral laws of general applicability refer to laws that are designed to apply equally to all individuals, regardless of their religious beliefs or practices. These laws do not target specific religious practices but instead focus on broader societal interests such as public health, safety, or welfare.
