Religion Law Quiz #62 (Level of scrutiny based on an organization's religious character)

What level of scrutiny do courts apply when considering whether a government restriction is appropriate when based on an organization’s religious character?  

 

(Scroll down for the answer)

 

Answer: Strict scrutiny.  Consider the following quote from the Supreme Court:

 

Most recently, Trinity Lutheran distilled these and other decisions to the same effect into the “unremarkable” conclusion that disqualifying otherwise eligible recipients from a public benefit “solely because of their religious character” imposes “a penalty on the free exercise of religion that triggers the most exacting scrutiny.” 137 S.Ct., at 2021. In Trinity Lutheran, Missouri provided grants to help nonprofit organizations pay for playground resurfacing, but a state policy disqualified any organization “owned or controlled by a church, sect, or other religious entity.” Id., at 137 S.Ct., at 2017. Because of that policy, an otherwise eligible church-owned preschool was denied a grant to resurface its playground. Missouri’s policy discriminated against the Church “simply because of what it is—a church,” and so the policy was subject to the “strictest scrutiny,” which it failed. Id., at 137 S.Ct., at 2022–2025. We acknowledged that the State had not “criminalized” the way in which the Church worshipped or “told the Church that it cannot subscribe to a certain view of the Gospel.” Id., at 137 S.Ct., at 2022. But the State’s discriminatory policy was “odious to our Constitution all the same.” Id., 137 S.Ct., at 2025.

 

Espinoza v. Montana Department of Revenue, 140 S.Ct. 2246, 2255 (2020).

 

 

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.