Compelling governmental interest definition
Compelling governmental interest means a governmental
Compelling governmental interest means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion.
Compelling governmental interest and “least restrictive means” tests will make certain claims viable that would not be actionable under the First Amendment.
More Definitions of Compelling governmental interest
Compelling governmental interest means a governmental interest of the highest
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).”).
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.