Compelling governmental interest definition

Compelling governmental interest means a governmental
Compelling governmental interest. MEANS A GOVERNMENTAL INTEREST OF THE HIGHEST MAGNITUDE THAT shall NOT OTHERWISE BE ACHIEVED WITHOUT BURDENING THE EXERCISE OF RELIGION.
Compelling governmental interest means an interest of the highest order. See, e.g., Wisconsin v. Yoder, 406 U.S. 205, 230 (1972) (in the First Amendment context, compelling governmental interest includes abating “substantial threat[s] to public safety, peace or order”); Congregation Rabbinical Coll. of Tartikov, Inc. v. Vill. of Pomona, 138 F. Supp. 3d 352, 418-19 (S.D.N.Y. 2015) (applying Yoder standard in case alleging violation of RLUIPA and Free Exercise). To be a compelling governmental interest, a government concern must be “grounded on more than mere speculation, exaggerated fears, or post-hoc rationalizations.” West v. Grams, 607 F. App’x. 561, 567 (7th Cir. 2015) (quotation omitted). “Congress borrowed its language from First Amendment cases applying perhaps the strictest form of judicial scrutiny,” and “[t]hat test isn’t traditionally the sort of thing that can be satisfied by the government’s bare say-so.” Yellowbear v. Lambert, 741 F.3d 48, 59 (10th Cir. 2014); id. at 58 (“[F]actually unsupported ‘post-hoc rationalizations’ aren’t the stuff of summary judgment victories in RLUIPA cases (or in most any other).”).

More Definitions of Compelling governmental interest

Compelling governmental interest means a governmental interest of the highest
Compelling governmental interest and “least restrictive means” tests will make certain claims viable that would not be actionable under the First Amendment.
Compelling governmental interest means a specific and legitimate interest of a government that is of the highest order in the context in which it is asserted.
Compelling governmental interest means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion.

Related to Compelling governmental interest

  • Intra-governmental gift means any gift given to a Board member or employee from another Board member or employee, and "inter- governmental gift" means any gift given to a Board member or employee from an officer or employee of another governmental entity.

  • Indian Governmental Instrumentality means Government of India, Government of any State in India or any ministry, department, board, authority, agency, corporation, commission under the direct or indirect control of Government of India or any State Government or both, any political sub-division of any of them including any court or Commission or tribunal or judicial or quasi- judicial body in India but excluding the CTU, TSP and the Designated ISTS Customers;

  • Relevant Governmental Body means the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York, or any successor thereto.

  • Governmental Instrumentality means any federal, state or local department, office, instrumentality, agency, board or commission having jurisdiction over a Party or any portion of the Work, the Project or the Site.

  • Agency or instrumentality of the government of Venezuela means an agency or instrumentality of a foreign state as defined in section

  • Local government entity means a county, incorporated city, independent school district, public junior college district, emergency services district, other special district, joint board, or other entity defined as a political subdivision under Texas law that maintains the capability to provide mutual aid.

  • Local governmental entity means a county, municipality, school district, junior college district, or other political subdivision of this state or a local government corporation, board, commission, district, or authority to which a member is appointed by the commissioners court of a county, the mayor of a municipality, or the governing body of a municipality. The term does not include an association, corporation, or organization of governmental entities organized to provide to its members education, assistance, products, or services or to represent its members before the legislative, administrative, or judicial branches of the state or federal government.

  • Government Entities means collectively, the United States of America or any other nation, any state or other political subdivision thereof, or any entity exercising executive, legislative, judicial, regulatory or administrative functions of government, including any court, in each case having jurisdiction over the Company.

  • Governmental Body means any government or governmental or regulatory body thereof, or political subdivision thereof, whether federal, state, local or foreign, or any agency, instrumentality or authority thereof, or any court or arbitrator (public or private).

  • Tribal government means an Indian tribal government as defined in Section 3(32) of the Employee Retirement Income Security Act of 1974 (ERISA), as amended, or an agency or instrumentality of the trib- al government, that has government offices principally located in this state.

  • Governmental Entity means any national, federal, state, municipal, local, territorial, foreign or other government or any department, commission, board, bureau, agency, regulatory authority or instrumentality thereof, or any court, judicial, administrative or arbitral body or public or private tribunal.

  • Government Entity means (a) any federal, state, provincial or similar government, and any body, board, department, commission, court, tribunal, authority, agency or other instrumentality of any such government or otherwise exercising any executive, legislative, judicial, administrative or regulatory functions of such government or (b) any other government entity having jurisdiction over any matter contemplated by the Operative Agreements or relating to the observance or performance of the obligations of any of the parties to the Operative Agreements.

  • Applicable Governmental Authority means the FERC within the United States and the appropriate governmental authority with subject matter jurisdiction over reliability in Canada and Mexico.

  • EXPERIMENTAL OR INVESTIGATIONAL means any healthcare service that has progressed to limited human application, but has not been recognized as proven and effective in clinical medicine. See Experimental or Investigational Services in Section 3 for a more detailed description of the type of healthcare services we consider experimental or investigational.

  • Governmental or Regulatory Authority means any court, tribunal, arbitrator, authority, agency, bureau, board, commission, department, official or other instrumentality of the United States, any foreign country or any domestic or foreign state, county, city or other political subdivision, and shall include any stock exchange, quotation service and the National Association of Securities Dealers.

  • Highway authority means the state highway commission, a board of county road commissioners or the governing body of a city or village.

  • Contracting Government means any Government which has deposited an instrument of ratification or has given notice of adherence to this Convention.

  • Governmental Order means any order, writ, judgment, injunction, decree, stipulation, determination or award entered by or with any Governmental Authority.

  • Improper governmental action means any action by a district officer or employee:

  • County Government means the county government provided for under Article 176 of the Constitution;

  • Governmental Antitrust Authority has the meaning set forth in Section 5.08(b).

  • Authorized Government Agency means a regulatory body or government agency, with jurisdiction over PJM, the PJM Market, or any entity doing business in the PJM Market, including, but not limited to, the Commission, State Commissions, and state and federal attorneys general.

  • Custodian of a government record or "custodian" means in the

  • Governmental Bar Date means the date established pursuant to the Bar Date Order by which Proofs of Claim of Governmental Units must be Filed.

  • Governmental Consent means any notice to, registration, declaration or filing with, exemption or review by, or authorization, order, consent or approval of, any Governmental Entity, or the expiration or termination of any statutory waiting periods;

  • Experimental or Investigative means treatments, devices or prescription medications which are recommended by a Physician, but are not considered by the medical community as a whole to be safe and effective for the condition for which the treatments, devices or prescription medications are being used. This includes any treatments, procedures, facilities, equipment, drugs, drug usage, devices, or supplies not recognized as accepted medical practice, and any of those items requiring federal or other governmental agency approval not received at the time services are rendered.