-
Reynolds v. U.S.
"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. -
Cantwell v. Connecticut
Valid Secular Policy Test:
(1)neutrally applied
(2)legitimate legislative purpose -
Sherbert v. Verner
Strict Scrutiny: (1) Compelling governmental interest; (2) least restrictive means possible. -
Wisconsin v. Yoder
-
Goldman v. Weinberger
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. -
Employment Division v. Smith
-
Lukumi Babulu Aye v. Hialeh
(VSP) Hialeh passed a law against slaughtering animals, basically singling out the santaria religion, Lukumi Babulu. That is unconstitutional. -
RFRA
(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 -
City of Boerne v. Flores
Overturned RFRA and reinstated Smith Standard.
