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Tag: strict scrutiny

U.S. Supreme Court Rules That First Amendment Prohibits State Constitutions From Requiring Religious Discrimination

U.S. Supreme Court Rules That First Amendment Prohibits State Constitutions From Requiring Religious Discrimination

In a landmark 7-2 decision, the United States Supreme Court has ruled in Trinity Lutheran Church v. Comer┬áthat the Free Exercise Clause of the First Amendment forbids states to categorically exclude persons or organizations from government benefits simply because the persons or organizations happen to be religious. ┬áThe case involved Article I, Section 7 of the Missouri Constitution, which the state had interpreted to preclude a church in Columbia, Missouri, from being considered for a state-funded grant that would offset…

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To Fix a Broken Standard

To Fix a Broken Standard

  Missouri is facing an unusual problem. On the one hand, the state supreme court has held that laws affecting fundamental rights must be reviewed under the “strict scrutiny” standard.  Ordinarily this would be excellent news, because strict scrutiny is supposed to represent the very highest level of judicial protection for constitutional rights. This standard requires the court applying it to (1) presume that a law restricting a constitutional right is unconstitutional, (2) requires the government to present a compelling…

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