The Free Exercise Clause permits government restrictions on religious practice only if the regulation is what?

The Free Exercise Clause permits government restrictions on religious practice only if the regulation is what?

• A. Applies only to religious conduct
• B. Not tailored to religious motives
• C. Neutral and generally applicable
• D. Neutral but not generally applicable

Answer: (C)

The key idea is the standard from cases like Smith and Lukumi: government rules that affect religious practice are allowed only when the regulation is neutral in its purpose toward religion and generally applicable in how it covers conduct. Neutral means the law’s object and enforcement aren’t aimed at religious beliefs or practices, and generally applicable means it applies to all people and activities alike, not carving out exemptions for secular conduct while burdening religion. When a rule meets both of these conditions, it can burden religious exercise without triggering strict scrutiny. If a rule is not neutral or not generally applicable, the government would have to meet a higher standard. The other options fail because they don’t capture both neutrality toward religion and broad applicability.

The key idea is the standard from cases like Smith and Lukumi: government rules that affect religious practice are allowed only when the regulation is neutral in its purpose toward religion and generally applicable in how it covers conduct. Neutral means the law’s object and enforcement aren’t aimed at religious beliefs or practices, and generally applicable means it applies to all people and activities alike, not carving out exemptions for secular conduct while burdening religion. When a rule meets both of these conditions, it can burden religious exercise without triggering strict scrutiny. If a rule is not neutral or not generally applicable, the government would have to meet a higher standard. The other options fail because they don’t capture both neutrality toward religion and broad applicability.