International Law Enforcement Academies (ILEA) Criminal Law Practice Exam

What are the criteria to determine if a specific religion is protected under the 1st Amendment's "free exercise clause"?

1. The burden of regulation and government interest

2. The severity of the action and its popularity

3. Only the belief of the individual

4. The age of the religion and its followers

The correct answer is: The burden of regulation and government interest

The "free exercise clause" of the First Amendment protects individuals' rights to practice their religion freely. To determine if a specific religion is protected, the courts evaluate whether the government's actions impose a burden on the individual's religious practices and whether there is a compelling government interest that justifies such a burden. When a law or regulation is assessed, the key factors include the extent to which it restricts religious practice and the importance of the government's interest in enforcing that law. If the regulation places a significant burden on the exercise of religion, the government must demonstrate that its interest is compelling and that it has pursued the least restrictive means of furthering that interest. This balancing test ensures that while the government may regulate certain activities for legitimate interests, it cannot unduly infringe upon an individual's right to practice their religion. This rationale underpins the protection afforded to diverse religious beliefs and practices. The legal framework set forth by previous Supreme Court rulings supports the idea that both the burden of regulation and the compelling government interest are critical to evaluating cases involving religious exercise.