Sherbert V. Verner - The Sherbert Test

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.