Sentences with phrase «compelling governmental interest»

Petitioners» asserted interests can not be accommodated with that compelling governmental interest, and no less restrictive means are available to achieve the governmental interest.

«It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.

For example, laws permitting affirmative action for racial and ethnic minorities in college admissions have been upheld because they affect a protected class and advance what legislators have deemed to be a compelling governmental interest.

But «the deference this court must extend the experience and expertise of prison administrators does not extend so far that prison officials may declare a compelling governmental interest by fiat.»

Fisher challenges the holding in the 2003 case, Grutter v. Bollinger, that the educational benefits of diversity in higher education serve a compelling governmental interest.

The 9th Circuit therefore applied «strict scrutiny review to the Act, and [held] it unconstitutional because it is not narrowly tailored to achieving a compelling governmental interest.»

Congress passed RFRA in 1993, which required that» [g] overnment shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, unless the government demonstrates that application of the burden to the person --(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest».

And from Kennedy's concurrence, Goldstein gleans the following points: (1) There is a compelling governmental interest in school diversity; (2) the Constitution does not require color - blindness; (3) racial classifications are subject to strict scrutinty; but (4) that certain uses of race are sufficiently innocuous that they do not trigger strict scrutiny.

It is only by applying strict scrutiny that we can distinguish between unconstitutional discrimination and narrowly tailored remedial programs that legislatures may enact to further the compelling governmental interest in redressing the effects of past discrimination»).

Likewise Church of the Lukumi Babalu Aye v. City of Hialeah 508 US 520 «a law that burdens religious practice need not be justified by a compelling governmental interest if it is neutral and of general applicability» (the ordinances were not narrowly taylored, unlike murder statutes).

(b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person --(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

Such gender based classifications can not survive strict scrutiny as there is no «compelling governmental interest» that favors mothers over fathers in determinations of infant custody and, even if there were, a -LSB-...]

Since this case involved hybrid - rights claims under the Free Exercise Clause, the Takings Clause and the Free Speech Clause, the court applied strict scrutiny and asked whether the «government has placed a substantial burden on the observation of a central religious belief or practice, and if so, whether a compelling governmental interest justifies the burden.»

Then it applied the second part of the test - whether a compelling governmental interest justifies the anti-marital-status protections of the Alaska Laws.

The court also concluded that the ordinance regulated the speech based on its content, and thus the court applied the «compelling governmental interest» test to evaluate the constitutionality of the ordinance.