Compelling interest definition

Compelling interest means the government must prove past or present racial discrimination requiring remedial attention.
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Compelling interest is a legal term meaning interests “of the highest order.” Government interests that are merely reasonably or even significantly important are insufficient. Courts have ruled that municipal interests in revenue generation, economic development or eliminating congestion, are not compelling. The burden of proving that an interest is compelling lies squarely on the local government. Examples of interests that may be compelling are those related to preserving public health and safety. For example, safety concerns relating to traffic can be compelling. However, a county or municipality cannot simply point to an interest in traffic safety in the abstract as a compelling interest justifying a substantial burden on religious exercise. Rather, the government must show that it has a compelling interest in achieving that interest through the particular restriction at issue, such as safety interests in regulating traffic flow on the particular street at issue. Even where an interest is compelling, it must be pursued through the least restrictive means. If there is another way that the government could achieve the same compelling interest that would impose a lesser burden on religious exercise, it must choose that way rather than the more burdensome way.
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Compelling interest really means what it says . . . many laws will not meet the test.”272 Given the history and the lack of any legitimate justification for the Johnson Amendment, it would be exceedingly difficult for the government to advance any compelling interest to justify the law. Even if the government were somehow able to produce a compelling governmental interest, the Johnson Amendment would not advance that interest (whatever it is) in the least restrictive means available. The Johnson Amendment contains no halfway measures and is an absolute prohibition. Such an absolute prohibition is not a least restrictive means of advancing the government’s interest, no matter how the Court would view it.
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Examples of Compelling interest in a sentence

  • USCIS may expedite a petition or application if it meets one or more of the following criteria:• Severe financial loss to company or person; • Emergency situation; [2] • Humanitarian reasons; [3] • Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States; [4] • Department of Defense or national interest situation; [5] • USCIS error; or • Compelling interest of USCIS.

  • Compelling interest says we don't want to lose $1.3 billion in federal funding.

  • CrosonDiversity (education): Pursuit of diversity in a student body Compelling interest in diversity in higher education.

  • Hurley: Compelling interest to fix issues with binary gender pronouns b.


More Definitions of Compelling interest

Compelling interest and “least restrictive means” remain Whatever the shortcomings of sincerity screenings and this anec-
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Compelling interest and “least restrictive means” tests in a similar
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Compelling interest means the government must prove past or present racial discrimination that requires remedial attention. There must be a specific “strong basis in the evidence” for the compelling governmental interest, which is established by statistical evidence. In addition, the DBE program designed to address the compelling governmental interest must be narrowly tailored to remedy the identified discrimination. A “narrowly tailored” DBE program means that the remedy must fit the findings, and the evidence showing a compelling interest must guide the tailoring very closely. However, in any DBE program with race-conscious elements, race-neutral alternatives must be considered first.
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Related to Compelling interest

  • Controlling Interest means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Subsection (3) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

  • Competing Entity means any entity or person that is engaged, directly or indirectly, in a Competitive Business.

  • qualifying interest means the aggregate interest, discount or original issue discount receivable by a resident individual in any year of income

  • Participating Interest is defined in Section 1.2(d) hereof.

  • Conflicting interest shall have the meaning specified in Section 310(b) of the Trust Indenture Act and the Trustee shall comply with Section 310(b) of the Trust Indenture Act; provided that there shall be excluded from the operation of Section 310(b)(1) of the Trust Indenture Act with respect to the Securities of any series any indenture or indentures under which other securities, or certificates of interest or participation in other securities, of the Company are outstanding, if the requirements for such exclusion set forth in Section 310(b)(1) of the Trust Indenture Act are met. For purposes of the preceding sentence, the optional provision permitted by the second sentence of Section 310(b)(9) of the Trust Indenture Act shall be applicable.

  • Working Interest means an interest in oil and/or gas in the unit area by virtue of a lease, operating agreement, fee title, or otherwise, including a carried interest, the owner of which is obligated to pay, either in cash or out of production or otherwise a portion of the unit expense.

  • Voting Interest With respect to any provisions hereof providing for the action, consent or approval of the Holders of all Certificates evidencing specified Voting Interests in the Trust Estate, the Holders of each Class of Certificates will collectively be entitled to the then applicable percentage of the aggregate Voting Interest represented by all Certificates equal to the ratio obtained by dividing the Principal Balance of such Class by the sum of the Class A Principal Balance and the Class B Principal Balance. Each Certificateholder of a Class will have a Voting Interest equal to the product of the Voting Interest to which such Class is collectively entitled and the Percentage Interest in such Class represented by such Holder's Certificates. With respect to any provisions hereof providing for action, consent or approval of each Class of Certificates or specified Classes of Certificates, each Certificateholder of a Class will have a Voting Interest in such Class equal to such Holder's Percentage Interest in such Class.

  • Economic Interest means a Person’s right to share in the income, gains, losses, deductions, credits, or similar items of the Company, and to receive Distributions from the Company, but excluding any other rights of a Member, including the right to vote or to participate in management, or, except as may be provided in the Act, any right to information concerning the business and affairs of the Company.

  • Disposing Member is defined in Section 4.1.

  • body in which the relevant person has a beneficial interest means a firm in which the relevant person is a partner or a body corporate of which the relevant person is a director, or in the securities of which the relevant person has a beneficial interest;

  • Indirect Ownership Interest means an ownership interest in an entity that has an ownership interest in another entity. Indirect ownership interest includes an ownership interest in an entity that has an indirect ownership interest in another entity.

  • Ownership Interest As to any Certificate, any ownership or security interest in such Certificate, including any interest in such Certificate as the Holder thereof and any other interest therein, whether direct or indirect, legal or beneficial, as owner or as pledgee.

  • Subject Interest has the meaning assigned to such term in the recitals.

  • Membership Interest means a Member’s entire interest in the Company including such Member’s right to receive allocations and distributions pursuant to this Agreement and the right to participate in the management of the business and affairs of the Company in accordance with this Agreement, including the right to vote on, consent to, or otherwise participate in any decision or action of or by the Members granted pursuant to this Agreement.

  • Applicable Ownership Interest means, with respect to the Treasury portfolio,

  • Defaulting Entity shall have the meaning set forth for such term in Section 6.02(a) hereof. “Deficiency Amount” shall have the meaning set forth for such term in Section 4.03(a) hereof. “Department” shall mean the South Carolina Department of Revenue.

  • Transaction Person with respect to a Transaction shall mean (i) any Person who (x) is or will become an Acquiring Person or a Principal Party (as such term is hereinafter defined) if the Transaction were to be consummated and (y) directly or indirectly proposed or nominated a director of the Company which director is in office at the time of consideration of the Transaction, or (ii) an Affiliate or Associate of such a Person.

  • Residual Ownership Interest Any record or beneficial interest in the Class R Certificates.

  • Controlling ownership interest means ownership of or entitlement to more than twenty-five percent of shares or capital or profits of the company;

  • Proposing Party has the meaning set forth in Section 5.2.2.4(a).

  • Transfer student A student who enters a participating college or university after earning college-level credit at another college or university.

  • Participating Entity means a state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states properly authorized to enter into a Participating Addendum, that has executed a Participating Addendum.

  • Working interest owner means a person or the estate of a person who owns an interest in oil and/or gas in the unit area by virtue of a lease, operating agreement, fee title, or otherwise, including a carried interest, the owner of which is obligated to pay, either in cash or out of production or otherwise a portion of the unit expense. “Working interest owner” does not include an unleased mineral owner.

  • Consenting working interest owner means any working interest owner who enters into an agreement with SWN pertaining to the operation of the Posey B Unit.

  • Significant Financial Interest means anything of monetary value, including but not limited to, salary or other payments for services (e.g., consulting fees or honoraria); equity interests (e.g., stocks, stock options or other ownership interests); and intellectual property rights (e.g., patents, copyrights, license agreements, and royalties from such rights). The term does not include:

  • Partnership Interest means an interest in the Partnership, which shall include the General Partner Interest and Limited Partner Interests.