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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 ]. | |||
| '''The compelling state interest test''' is a test used by the ] as a standard to limit the personal rights guaranteed by the ]. This test at least applies to the ]. It also applies to abortion, child pornography, discrimination remedies, drug testing, expression and speech rights, liberty (privacy), mandatory retirement, racial discrimination, residency requirements, and sex discrimination. (Epstein, Constitutional Law for a Changing America, 6th) | |||
| == Notable cases == | == Notable cases == | ||
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| *City of Boerne, 1997 | *City of Boerne, 1997 | ||
| *O Centro v Gonzalez, 2006 | *O Centro v Gonzalez, 2006 | ||
| == See Also == | |||
| *] | |||
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| *] | |||
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| ] | ] | ||
Revision as of 18:47, 3 October 2007
The compelling state interest test is a test used by the US Federal Courts in due process and equal protection claims under the Fourteenth Amendment for state action and under the Fifth Amendment for federal action. It is part of the strict scrutiny 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 rational basis test, which involves Fourteenth and Fifth Amendment claims that do not involve a suspect class and involve a liberty interest rather than a fundamental right.
Notable cases
- Sherbert, 1963
- Yoder, 1972
- Smith, 1990
- City of Boerne, 1997
- O Centro v Gonzalez, 2006
See Also
- Rational Basis Test
- Intermediate scrutiny
- Strict scrutiny
- Fundamental right
- Suspect class
- Constitutional Law