The Sherbert Test
The Sherbert Test consists of four criteria that are used to determine if an individual's right to religious free exercise has been violated by the government. The test is as follows:
For the individual, the court must determine
- whether the person has a claim involving a sincere religious belief, and
- whether the government action is a substantial burden on the person’s ability to act on that belief.
If these two elements are established, then the government must prove
- that it is acting in furtherance of a "compelling state interest," and
- that it has pursued that interest in the manner least restrictive, or least burdensome, to religion.
Read more about this topic: Sherbert V. Verner
Famous quotes containing the word test:
“The test of an adventure is that when you’re in the middle of it, you say to yourself, “Oh, now I’ve got myself into an awful mess; I wish I were sitting quietly at home.” And the sign that something’s wrong with you is when you sit quietly at home wishing you were out having lots of adventure.”
—Thornton Wilder (1897–1975)