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| {{Merge|Strict scrutiny|Talk:Compelling state interest#Merger proposal|date=October 2007}} | |||
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| '''The compelling state interest test''' is a test used by the ] in due process and equal protection claims under the ] for state action and under the ] for federal action. It is part of the ] analysis that a federal court will employ when either a suspect class is involved or a fundamental right. A government action or statute subject to strict scrutiny must satisfy a compelling state interest that is narrowly tailored to achieve that interest. The court will give the strictest scrutiny of the state or federal action when it impacts or targets a specially protected class (race, ethnicity) or when a fundamental and Constitutionally protected right is involved (Freedom of Speech, Right to Vote). The compelling state interest test is distinguishable from the ] test, which involves Fourteenth and Fifth Amendment claims that do not involve a ] and involve a ] rather than a ]. | |||
| == Notable cases == | |||
| *Sherbert, 1963 | |||
| *Yoder, 1972 | |||
| *Smith, 1990 | |||
| *City of Boerne, 1997 | |||
| *O Centro v Gonzalez, 2006 | |||
| == See also == | |||
| *] | |||
| *] | |||
| *] | |||
| *] | |||
| *] | |||
| *] | |||
| ] | |||
Latest revision as of 01:34, 29 June 2012
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