Exercising Clause: A generally applicable, facially neutral law is allowed without strict scrutiny.

Exercising Clause: A generally applicable, facially neutral law is allowed without strict scrutiny.

• A. Strict Scrutiny
• B. Rational Basis
• C. Allowed Without Strict Scrutiny
• D. Intermediate Scrutiny

Answer: (C)

Under the Free Exercise framework, the level of scrutiny depends on neutrality and general applicability. If a law is facially neutral and generally applicable, it burdens religious practice but does not target religion or create exemptions that pick out religious conduct. In that situation, strict scrutiny does not apply; the law is reviewed under the ordinary, deferential rational-basis approach. This is the result the statement captures: a generally applicable, facially neutral law is allowed without strict scrutiny. If the law were not generally applicable or not neutral, the court could require a higher level of scrutiny.

Under the Free Exercise framework, the level of scrutiny depends on neutrality and general applicability. If a law is facially neutral and generally applicable, it burdens religious practice but does not target religion or create exemptions that pick out religious conduct. In that situation, strict scrutiny does not apply; the law is reviewed under the ordinary, deferential rational-basis approach. This is the result the statement captures: a generally applicable, facially neutral law is allowed without strict scrutiny. If the law were not generally applicable or not neutral, the court could require a higher level of scrutiny.