Quiz #90 -- Can this regulatory scheme survive strict scrutiny?

Religion Law Quiz #90

 

A city has a municipal code which has a formal system of discretionary exemptions for religious institutions.  Will such a regulatory scheme withstand judicial review if the court applies strict scrutiny? 

 

(Scroll down for the answer)

 

Answer: No.  This is a bit of a trick question because the system fails no matter what level of scrutiny the court applies.  As the Supreme Court has said, “No matter the level of deference we extend to the City, the inclusion of a formal system of entirely discretionary exceptions in section 3.21 renders the contractual non-discrimination requirement not generally applicable.”  Fulton v. City of Philadelphia, Pennsylvania, 141 S. Ct. 1868, 1878 (2021). 

 

The Supreme Court then went on to say:

 

The creation of a formal mechanism for granting exceptions renders a policy not generally applicable, regardless whether any exceptions have been given, because it “invite[s]” the government to decide which reasons for not complying with the policy are worthy of solicitude, Smith, 494 U.S. at 884, 110 S.Ct. 1595—here, at the Commissioner's “sole discretion.”

 

Fulton v. City of Philadelphia, Pennsylvania, 141 S. Ct. 1868, 1879 (2021)

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

 

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

 

Welcome to the 90th episode of the Religion Law Podcast, the enlightening series dedicated to examining religious freedom and related legal matters. Join our host, Michael Fielding, as he reveals the inner workings of religious legal issues using an intriguing and insightful question-and-answer format.

Today's query focuses on the legality and judicial scrutiny of a city's regulatory system, specifically dealing with discretionary exemptions for religious institutions. Can such a regulatory framework withstand the rigorous examination of the courts under strict scrutiny?

Drawing on the 2021 Fulton v. City of Philadelphia Supreme Court decision, Fielding explains how a regulatory system with a formal allowance for discretionary exemptions fails under any level of judicial scrutiny. The assessment emphasizes the Supreme Court's argument that this system is not generally applicable as it allows government officials to decide whether a party is exempted or not based on personal discretion.

The episode sheds light on the failings of discretionary exemptions, highlighting why such a legal structure fails to meet the constitutional standards due to its inconsistent application. A key takeaway from this episode is the importance of fairness and consistency in the law, especially when it comes to religious institutions.

While these podcasts are for educational purposes only and not a source of legal advice, they are an engaging way to learn about religious law. The concrete examples and in-depth explanations provided in each episode make this an invaluable tool for understanding the intricacies of this particular facet of the law.

Join us next time for quiz number 91, a brief but very practical session. Happy learning, and remember: keep being an influence for good!

Episode Transcript

(00:01):
Welcome to another episode of the Religion Law Podcast, where you learn about
religious freedom and other religion law-related topics through a short question-and-answer format.
I'm your host, Michael Fielding.
Let's see how you do on today's quiz.
Welcome to Religion Law Quiz number 90, numero 90. Noventa.

(00:25):
A city has a municipal code which has a formal system of discretionary exemptions
for religious institutions.
Will such a regulatory scheme withstand judicial review if the court applies strict scrutiny?
What do you think? This is kind of a good test.

(00:47):
If you've been listening to religion law quizzes for a while,
I would hope that these key constitutional principles have sunk in,
so to speak, so that we can understand really what the current state of the law is.
That's the goal, the hope here of the religion law quiz.
Well, the answer to this question is no, but this is a bit of a trick question

(01:08):
because the system fails no matter what level of scrutiny the court applies.
And the Supreme Court said in its 2021 Fulton v.
City of Philadelphia decision that no matter the level of deference we extend to the city,
the inclusion of a formal system of entirely discretionary exceptions renders
the contractual nondiscrimination requirement not generally applicable.

(01:32):
The Supreme Court then went on to say that.
Quote, the creation of a formal mechanism for granting exceptions renders a
policy not generally applicable,
regardless whether any exceptions have been given, because it invites the government
to decide which reasons for not complying with the policy are worthy of solicitude
and here at the commissioner's sole discretion, close quote.

(01:55):
So what are the practical takeaways from this particular point?
Well, the answer is, if you, a city or a government, have some sort of formal
system of discretionary exemptions for religious institutions,
that is not going to survive strict scrutiny or, candidly, any other level of

(02:18):
judicial scrutiny because Because it renders this system, this regulatory system,
not generally applicable.
In other words, the government official can pick and choose how he or she wants to enforce the law.
And it kind of makes sense why that would not pass constitutional muster,

(02:41):
because the law is not generally applicable.
You essentially have a government official saying, yeah, I like you.
I'll give you a pass. No, I don't like you. Sorry, you don't get a pass.
Well, it just feels unfair where you just have this discretionary ability to pick and choose,
particularly when you're making this determination in the context of the application

(03:04):
or living of a person's religion.
All right. Well, that does it for today's quiz. I will see you on quiz number
91, which is going to be pretty short, but actually very practical.
Thank you for listening to the episode remember religion law quizzes are for
educational purposes only and are not intended to be relied upon as legal advice

(03:28):
if you have found this episode to be helpful please share it and leave a review
until we meet again keep being an influence for good.
Music.