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US Federal Constitution QUESTION #5820
Question 1
A state passes a law that prohibits only 'ritualistic animal sacrifice' for religious purposes, while allowing animal slaughter for food or sport. A Santeria church challenges the law. Which standard of review will the court apply?
  • Rational basis review, because the law is a neutral law of general applicability.
  • Intermediate scrutiny, because it involves a mix of conduct and speech.
  • Strict scrutiny, because the law is not neutral and targets a religious practice.✔️
  • No review, because animal sacrifice is not a 'fundamental' right.
Correct Answer Explanation
Under Church of the Lukumi Babalu Aye v. City of Hialeah, if a law is not neutral or not generally applicable (i.e., it specifically targets religious conduct), it must be justified by a compelling governmental interest and be narrowly tailored (Strict Scrutiny).