Editing Constitutional Law Stone/Outline II
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### OLD RULE: if state requires a violation of religious belief before conferring a benefit, that is violation of Free Exercise Clause– strict scrutinywill be applied to determine if state has to have an interest of the highest order (compelling interest) that outweighs society’s right to freely practice religion in in order to undermine free exercise in this way (“Sherbert test”) – BUT SEE SMITH BELOW – SHERBERT IS NO LONGER THE MAIN TEST | ### OLD RULE: if state requires a violation of religious belief before conferring a benefit, that is violation of Free Exercise Clause– strict scrutinywill be applied to determine if state has to have an interest of the highest order (compelling interest) that outweighs society’s right to freely practice religion in in order to undermine free exercise in this way (“Sherbert test”) – BUT SEE SMITH BELOW – SHERBERT IS NO LONGER THE MAIN TEST | ||
### Rule: Even if a state’s interest is compelling and the law may be a way to attain that interest, if the state’s gain toward the interest is only incremental as compared to the infringement into religious beliefs and lifestyles, the law will be struck down (Yoder) | ### Rule: Even if a state’s interest is compelling and the law may be a way to attain that interest, if the state’s gain toward the interest is only incremental as compared to the infringement into religious beliefs and lifestyles, the law will be struck down (Yoder) | ||
## ''' | ## '''Sherbert v. Verner''': Lady was a Seventh Day Adventist. She was fired because she had to take off work on Saturdays for her religious beliefs. Court found that state violated the Free Exercise Clausewhen it refused to give unemployment compensationto a Seventh-Day Adventistwho was fired from her job b/c she refused to work on Saturdays (was denied b/c she is physically able to work) | ||
### Issue: whether South Carolina has penalized her for exercising/adhering to her religious beliefs. | ### Issue: whether South Carolina has penalized her for exercising/adhering to her religious beliefs. | ||
### Holding: she is being penalized by the state for the exercise of her religion when state refuses to grant this benefit unless she is willing to violate her religious belief. She is forced to choose between following her religion and forfeiting benefits OR abandoning her religion for benefits | ### Holding: she is being penalized by the state for the exercise of her religion when state refuses to grant this benefit unless she is willing to violate her religious belief. She is forced to choose between following her religion and forfeiting benefits OR abandoning her religion for benefits | ||
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## Apply rational relationship when… | ## Apply rational relationship when… | ||
### You have neutral, across-the-board law w/ secular purpose, the fact that operation will hurt some ppl b/c of their religious beliefs is not generally sufficient to defeat enforcement or application of that law (Smith). | ### You have neutral, across-the-board law w/ secular purpose, the fact that operation will hurt some ppl b/c of their religious beliefs is not generally sufficient to defeat enforcement or application of that law (Smith). | ||
== Equal Protection: Traditional Approach == | == Equal Protection: Traditional Approach == | ||
## Rational basis/relationship test: Court will only ask whether the classification is rationally related to a legitimate gov’t interest - the default standard | ## Rational basis/relationship test: Court will only ask whether the classification is rationally related to a legitimate gov’t interest - the default standard |