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Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
University of Richmond Law Review
Most rights considered by Americans to be "fundamental" are granted a special level of protection by the decisions of the United States Supreme Court. The standard is often described as "strict scrutiny" or "compelling interest." Under this standard of protection, a state must have more than just a good reason for writing legislation that encroaches upon its citizens' fundamental rights. Rather, the state must be able to prove a "compelling" interest in achieving some desired result, a result which necessitates the curtailment of fundamental rights. In 1990, however, the United States Supreme Court substantially restricted a right from this list: …
Retracing First Amendment Jurisprudence Under The Free Exercise Clause: Culmination In Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah And Resolution In The Religious Freedom Restoration Act, Laura A. Colombell
University of Richmond Law Review
The above comments of Justice Stewart recognize the myriad of religious beliefs and practices which exist in our nation of diverse people. Protecting them all from government infringement has become an increasingly lofty aim as the number and nature of religions in the United States continue to grow.