Under the Free Exercise Clause, when a law is not neutral or not generally applicable, the government burden must satisfy which standard?

Under the Free Exercise Clause, when a law is not neutral or not generally applicable, the government burden must satisfy which standard?

• A. Neutral and generally applicable
• B. Compelling government interest and least restrictive means
• C. Strict scrutiny in all cases
• D. Rational basis review

Answer: (B)

When a law burdens religious practice and is not neutral or not generally applicable, the Free Exercise Clause requires strict scrutiny: the government must show a compelling government interest and that the law is narrowly tailored to achieve that interest using the least restrictive means available. This demanding standard protects religious liberty by ensuring that any restriction on religious exercise is both essential to a crucial objective and designed in the most targeted way possible. If a law targets religious practice or applies in a way that arbitrarily burdens religion while allowing similar secular conduct, it must meet this high bar; otherwise it will not be allowed.

When a law burdens religious practice and is not neutral or not generally applicable, the Free Exercise Clause requires strict scrutiny: the government must show a compelling government interest and that the law is narrowly tailored to achieve that interest using the least restrictive means available. This demanding standard protects religious liberty by ensuring that any restriction on religious exercise is both essential to a crucial objective and designed in the most targeted way possible. If a law targets religious practice or applies in a way that arbitrarily burdens religion while allowing similar secular conduct, it must meet this high bar; otherwise it will not be allowed.