In sports you often hear about really understanding the fundamentals. Today’s Religion Law Quiz does just that. Let’s see how you do. What level of scrutiny is triggered when a state’s education policies are deemed to intrude on parents’ free exercise rights?
(Scroll down for the answer)
Answer: Strict scrutiny. Here’s what the Supreme Court said about that earlier this year:
We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim. California's policies likely trigger strict scrutiny under that provision because they substantially interfere with the “right of parents to guide the religious development of their children.” Mahmoud, 606 U.S., at 559, 145 S.Ct. 2332 (citing View more Negative Treatments Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972)). The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California's policies violate those beliefs and “impos[e] the kind of burden on religious exercise that View more Negative TreatmentsYoder found unacceptable.” 606 U.S., at 550, 145 S.Ct. 2332. Indeed, the intrusion on parents’ free exercise rights here—unconsented facilitation of a child's gender transition—is greater than the introduction of LGBTQ storybooks we considered sufficient to trigger strict scrutiny in Mahmoud. See id., at 563, 145 S.Ct. 2332.
Mirabelli v. Bonta, 607 U.S. 492, 496, 146 S. Ct. 797, 802, 224 L. Ed. 2d 310 (2026)
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.