Which of the following is a true statement about judicial standard to test whether a public health
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Which of the following is a true statement about judicial standard to test whether a public health measure violates the Free Exercise clause of the First Amendment?
Judicial analysis of the constitutionality of a government's public health action alleged to violate the Free Exercise clause of the First Amendment requires that a court determine whether the governmental action is neutral with respect to religion. | ||
Strict scrutiny applies to all alleged violations of the Free Exercise clause because the right to exercise freely one's religious beliefs is expressly stated in the federal Constitution. | ||
The constitutionality of a governmental action designed to protect public health and that allegedly infringes on a person's free exercise of their religion is determined by applying the rational basis test in all cases because public health and safety is at stake. | ||
The constitutionality of a government's public health action alleged to violate the Free Exercise clause of the First Amendment often turns on whether the practice of a religion is determined to be a fundamental right. |
Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
Posted Date: