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What is Sherbert Test

Social Jurisprudence in the Changing of Social Norms: Emerging Research and Opportunities
A three-prong test for courts to use in determining whether the government has violated an individual’s constitutionally protected right to the free exercise of religion. The first prong investigates whether government has burdened the individual's free exercise of religion. If government confronts an individual with a choice that pressures the individual to forego a religious practice, whether by imposing a penalty or withholding a benefit, then the government has burdened the individual's free exercise of religion. However, under this test not all burdens placed on religious exercise are constitutionally prohibited. If the first prong is passed, the government may still constitutionally impose the burden on the individual's free exercise, if the government can show: it possesses some compelling state interest that justifies the infringement (the compelling interest prong); and no alternative form of regulation can avoid the infringement and still achieve the state's end (the narrow-tailoring prong).
Published in Chapter:
Religious Liberty
DOI: 10.4018/978-1-5225-7961-8.ch003
Abstract
This chapter places U.S. religious liberty principles in historical context. The 1960s to present day are examined, providing a provocative analysis of religious liberty cases and the ongoing role courts play in this debate, coupled with the legalization of same-sex marriage. A legal analysis is provided for Supreme Court cases.
Full Text Chapter Download: US $37.50 Add to Cart
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Freedom of Religion and Marriage Equality
A three-prong test for courts to use in determining whether the government has violated an individual’s constitutionally protected right to the free exercise of religion. The first prong investigates whether government has burdened the individual's free exercise of religion. If government confronts an individual with a choice that pressures the individual to forgo a religious practice, whether by imposing a penalty or withholding a benefit, then the government has burdened the individual's free exercise of religion. However, under this test not all burdens placed on religious exercise are constitutionally prohibited. If the first prong is passed, the government may still constitutionally impose the burden on the individual's free exercise if the government can show it possesses some compelling state interest that justifies the infringement (the compelling interest prong), and no alternative form of regulation can avoid the infringement and still achieve the state's end (the narrow-tailoring prong).
Full Text Chapter Download: US $37.50 Add to Cart
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