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US Federal Constitution QUESTION #5833
Question 1
A state law requires all doctors to perform a specific medical procedure that the state deems 'necessary for public health.' A doctor refuses on religious grounds. Under the Free Exercise Clause, is the doctor exempt from the law?
  • Yes, because the law places a 'substantial burden' on his religious practice.
  • Yes, if the law is not 'neutral' or 'generally applicable.'
  • No, if the law is a neutral law of general applicability, even if it incidentally burdens religion.✔️
  • No, because medical procedures are never subject to religious exemptions.
Correct Answer Explanation
Under Employment Division v. Smith, a neutral law of general applicability does not violate the Free Exercise Clause, even if it incidentally burdens religious practices. The state does not need a compelling interest unless the law specifically targets religion or involves 'hybrid' rights.