Misplaced Pages

Compelling state interest: Difference between revisions

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
Browse history interactively← Previous editNext edit →Content deleted Content addedVisualWikitext
Revision as of 18:47, 3 October 2007 editTy683g542 (talk | contribs)483 edits Rewrite← Previous edit Revision as of 18:55, 3 October 2007 edit undoTy683g542 (talk | contribs)483 edits added merger proposalNext edit →
Line 1: Line 1:
{{merge|Strict scrutiny|Talk:Compelling state interest#Merger proposal|{{subst:October 2007}}}}

'''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 ] 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 ].


Revision as of 18:55, 3 October 2007

It has been suggested that this article be merged with Strict scrutiny, Talk:Compelling state interest#Merger proposal and ]. (Discuss)

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

Category: