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| {{Merge|Strict scrutiny|Talk:Compelling state interest#Merger proposal|date=October 2007}} | {{Merge|Strict scrutiny|Talk:Compelling state interest#Merger proposal|date=October 2007}} | ||
| '''The compelling state interest test''' is a test used by the ] in ] and ] 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 ] is involved or a ]. 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 suspect class and involve a ] rather than a fundamental right. | '''The compelling state interest test''' is a test used by the ] in ] and ] claims (all claims with Constitutional bases, actually) 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 ] is involved or a ]. 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 suspect class and involve a ] rather than a fundamental right. | ||
| == Notable cases == | == Notable cases == | ||
Revision as of 15:18, 10 March 2008
 | It has been suggested that this article be merged with Strict scrutiny and Talk:Compelling state interest#Merger proposal. (Discuss) Proposed since October 2007. |
The compelling state interest test is a test used by the US Federal Courts in due process and equal protection claims (all claims with Constitutional bases, actually) 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
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