Quiz #91 -- Explaining strict scrutiny to a kindergartner

Religion Law Quiz #91

 

Today’s Religion Law Quiz is going to challenge you in a very novel way.  Let’s see how you do. 

 

How would you describe to a kindergartner how a government policy can survive strict scrutiny when dealing with religion?     

 

(Scroll down for the answer)

 

Answer:  Here’s how the Supreme Court explained strict scrutiny in more easy-to-understand terms:

 

 A government policy can survive strict scrutiny only if it advances “interests of the highest order” and is narrowly tailored to achieve those interests. Lukumi, 508 U.S. at 546, 113 S.Ct. 2217 (internal quotation marks omitted). Put another way, so long as the government can achieve its interests in a manner that does not burden religion, it must do so.

 

Fulton v. City of Philadelphia, Pennsylvania, 141 S. Ct. 1868, 1881 (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 this thought-provoking episode of the 'Religion Law Podcast', where we delve deeper into the realm of religious freedom and related legal topics. Join your host, Michael Fielding, as he challenges you to break down and simplify complex legal concepts.

In this episode, we embark on Religion Law Quiz number 91, where Michael challenges you to describe a complex concept in a simple manner. The challenge here is to take your understanding of religion law back to basics - explaining it as you would to a kindergartner.

The question posed today - Can you explain how a government policy can survive strict scrutiny when dealing with religion? A tricky question indeed, but guided by the Supreme Court ruling in the case of Fulton v. City of Philadelphia, we unravel the answer. The verdict states - A policy can only withstand strict scrutiny if it advances paramount interests and is minimally invasive in achieving those interests.

In simpler terms, if the government has a crucial purpose for implementing a policy and can do so without burdening religion, that's the approach to take. But the task doesn't end here. Can you further simplify this answer and explain it to a non-lawyer?

By the end of this episode learn, absorb, and make these intricate law principles more accessible by explaining them to others in your life. This podcast serves as an educational platform and is not to be used for legal advice.

If this episode helps you to better understand the complex world of religion law, please share it and leave a review. Remember, with every episode you learn, you become more influence in religion law. Stay tuned for the next Religion Law Quiz!

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.
To Religion Law Quiz number 91, today's question is going to challenge you in

(00:27):
a very unique way. we are going to go back to kindergarten.
At least we're going to try to go back to kindergarten and try to explain a
concept to a kindergartner.
And I think if you can explain a tough principle to a kindergartner,
that demonstrates that you actually deeply know and understand the principle

(00:51):
and are able to explain it in layman's terms.
So the question for you is, how would you describe to a kindergartner how a
government policy can survive strict scrutiny when dealing with religion?
Well, tough question. Good question. I would assume that a kindergartner understands

(01:12):
strict scrutiny in the first place.
Maybe I'm expecting too much of our rising generation.
Anyway, let's see what the Supreme Court said. This is what the Supreme Court said in Fulton v.
City of Philadelphia. Again, I'll have the citation in the show note.
A government policy can survive strict scrutiny only if it advances interests
of the highest order and is narrowly tailored to achieve those interests.

(01:36):
Put another way, so long as the government can achieve its interests in a manner
that does not burden religion, it must do so. So, close quote.
I think that last sentence actually nails it on the head.
If you were trying to say, how can the government pass strict scrutiny?
And the answer would be, listen, if the government has a super important reason

(02:02):
that it needs to do something, and if the government can accomplish that objective
without creating a burden on religion,
then that's what the government needs to do.
And that's the simple answer. That's the way it would be explained.
So that does it for today's religion law quiz.

(02:22):
Now, I've been explaining it to you. I've been explaining it to you based on
how the Supreme Court articulated it.
My challenge to you is how would you describe this concept to your spouse or your child or a friend?
I'll leave you to ponder that one. All right. I'll see you on the next religion law quiz.

(02:42):
If you're listening to today's episode, remember, religion law quizzes are for
educational purposes only and are not intended to be relied upon as legal advice.
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 you.
Music.