What standard does RFRA apply to government actions that substantially burden religious exercise?

What standard does RFRA apply to government actions that substantially burden religious exercise?

• A. Rational Basis Review
• B. Strict Scrutiny
• C. Intermediate Scrutiny
• D. No Heightened Scrutiny

Answer: (B)

The key idea is that RFRA requires the government to meet strict scrutiny whenever its action substantially burdens religious exercise. Under RFRA, a law or action that imposes a substantial burden on religious practice must serve a compelling governmental interest and be narrowly tailored to achieve that interest using the least restrictive means. This elevates the review to the highest level, restoring the protections that Smith had rolled back. Rational basis review is too lenient—many laws meet rational basis without any serious consideration of religious impact. Intermediate scrutiny is reserved for certain classifications like gender or illegitimacy, not for substantial burdens on religion. Saying there is no heightened scrutiny would ignore RFRA’s purpose to protect religious exercise with the strongest standard short of found unconstitutional on its face. So the strict scrutiny standard is the best fit for RFRA’s approach to substantial burdens on religious exercise.

The key idea is that RFRA requires the government to meet strict scrutiny whenever its action substantially burdens religious exercise. Under RFRA, a law or action that imposes a substantial burden on religious practice must serve a compelling governmental interest and be narrowly tailored to achieve that interest using the least restrictive means. This elevates the review to the highest level, restoring the protections that Smith had rolled back.

Rational basis review is too lenient—many laws meet rational basis without any serious consideration of religious impact. Intermediate scrutiny is reserved for certain classifications like gender or illegitimacy, not for substantial burdens on religion. Saying there is no heightened scrutiny would ignore RFRA’s purpose to protect religious exercise with the strongest standard short of found unconstitutional on its face. So the strict scrutiny standard is the best fit for RFRA’s approach to substantial burdens on religious exercise.