-
"The right to believe is absolute. The right to practice is not." Thus the Reynolds standard was born and SCOTUS would always uphold limits on the right to practice a religion.
-
Valid Secular Policy Test:
(1)neutrally applied
(2)legitimate legislative purpose -
Strict Scrutiny: (1) Compelling governmental interest; (2) least restrictive means possible.
-
-
Civilians vs. Military. 2 Societies with different rules. Later, this was overturned with legislation, but SCOTUS always acts pro-state when the military is involved.
-
-
(VSP) Hialeh passed a law against slaughtering animals, basically singling out the santaria religion, Lukumi Babulu. That is unconstitutional.
-
(1) Restores the compelling interest test.
(2) Provide a claim or defense to persons whose free exercise of religion is substantially burdened.
(3) Prohibits government from substantially burdening a person’s free exercise of religion unless the government can demonstrate a burden:
(3a) In furtherance of a compelling governmental interest
(3b)Is the least restrictive means of furthering the compelling interest -
Overturned RFRA and reinstated Smith Standard.
