Sherbert test

E32830

The Sherbert test is a U.S. constitutional law standard that evaluates whether government actions improperly burden an individual's free exercise of religion by requiring a compelling interest pursued through the least restrictive means.

All labels observed (2)

Label Occurrences
Sherbert test canonical 3
Sherbert compelling interest test 1

How this entity was disambiguated

Statements (46)

Predicate Object
instanceOf constitutional law standard
free exercise test
legal test
appliesTo Free Exercise Clause
surface form: Free Exercise Clause of the First Amendment

denial of unemployment benefits based on religious observance
laws affecting religious practices
appliesWhen government substantially burdens religious exercise
constrains government regulation of religious practice
contrastedWith rational basis review for neutral, generally applicable laws
country United States of America
surface form: United States
evaluates whether government action burdens free exercise of religion
hasComponent compelling governmental interest requirement
least restrictive means requirement
substantial burden requirement
hasDoctrinalBasis strict scrutiny for burdens on fundamental rights
influenced Religious Freedom Restoration Act
Religious Land Use and Institutionalized Persons Act
jurisdiction United States of America
surface form: United States
language English
legalArea civil rights law
constitutional law
religious liberty law
legalSystem common law system of the United States
limitedByCase Employment Division v. Smith
namedAfter Adele Sherbert
originatedInCase Sherbert v. Verner
originatedInCourt Supreme Court of the United States
originatedInYear 1963
phase initial burden on claimant to show substantial infringement of religious practice
subsequent burden shift to government to justify infringement
protects individual religious exercise
relatedCase Hobbie v. Unemployment Appeals Commission of Florida
surface form: Hobbie v. Unemployment Appeals Commission

Thomas v. Review Board of the Indiana Employment Security Division
surface form: Thomas v. Review Board

Wisconsin v. Yoder
remainsRelevantFor cases involving individualized governmental assessments
statutory religious freedom claims
requiresShowing compelling interest justifying burden on religion
use of least restrictive means
requiresShowingBy government
standardOfReview strict scrutiny
statusAfterSmith significantly narrowed in constitutional free exercise cases
stillAppliedInContext federal statutory religious freedom claims under RFRA
usedBy federal courts
state courts
usedIn religious accommodation cases
unemployment compensation cases

How these facts were elicited

Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Sherbert v. Verner doctrineName Sherbert test
this entity surface form: Sherbert compelling interest test
Adele Sherbert precedentEstablished Sherbert test