Religion Law Quiz #21 (Gov. Discrimination Against a Religious Institution)

Under what circumstances is a governmental entity lawfully permitted under the First Amendment to discriminate against a religious institution?

 

A For a state interest that is of the strictest order.

B For a state interest that is most narrowly tailored. 

C For a state interest that is of the greatest concern. 

D For a state interest that is of the highest order. 

 

(Scroll down for the answer)

 

 

 

 

 

ANSWER: D.  See how the Supreme Court addressed this in 2017:

 

The State in this case expressly requires Trinity Lutheran to renounce its religious character in order to participate in an otherwise generally available public benefit program, for which it is fully qualified. Our cases make clear that such a condition imposes a penalty on the free exercise of religion that must be subjected to the “most rigorous” scrutiny.  Lukumi, 508 U.S., at 546, 113 S.Ct. 2217.4.  Under that stringent standard, only a state interest “of the highest order” can justify the Department’s discriminatory policy.  McDaniel, 435 U.S., at 628, 98 S.Ct. 1322. 

 

Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S.Ct. 2012, 2024 (2017).

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.