preview

Justice Brennan's Argumentative Analysis

Satisfactory Essays

The protection of the public from religious action must be held under a strict scrutiny test from United States v. Carolene Products Co. (1938), meaning the government has to prove it causes such public harm. The strict scrutiny test for the Free exercise of Religion is called the Sherbert Test, which was established by Justice Brennan’s opinion in Sherbert v. Verner (1963). This test requires a three prong test that we have applied to today’s case. First did the government burden the individual from swaying away from a religious practice due to an established law. Polygamy is part of the Mormon church and the criminalizing of it causes individuals to not take part in it. The next prong’s deal with the state’s mean on the regulation and since

Get Access