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 a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function.”
—F. Scott Fitzgerald (1896–1940)