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.
Aliases (1)
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf |
constitutional law standard
→
free exercise test → legal test → |
| appliesTo |
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
→
|
| 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
→
|
| 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
→
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 → |
Referenced by (4)
| Subject (surface form when different) | Predicate |
|---|---|
|
Sherbert v. Verner
("Sherbert compelling interest test")
→
|
doctrineName |
|
Religious Freedom Restoration Act
→
|
legalTestRestored |
|
Adele Sherbert
→
|
precedentEstablished |
|
Sherbert v. Verner
→
|
standardEstablished |