Quiz #90 -- Can this regulatory scheme survive strict scrutiny?

Religion Law Quiz #90

 

A city has a municipal code which has a formal system of discretionary exemptions for religious institutions.  Will such a regulatory scheme withstand judicial review if the court applies strict scrutiny? 

 

(Scroll down for the answer)

 

Answer: No.  This is a bit of a trick question because the system fails no matter what level of scrutiny the court applies.  As the Supreme Court has said, “No matter the level of deference we extend to the City, the inclusion of a formal system of entirely discretionary exceptions in section 3.21 renders the contractual non-discrimination requirement not generally applicable.”  Fulton v. City of Philadelphia, Pennsylvania, 141 S. Ct. 1868, 1878 (2021). 

 

The Supreme Court then went on to say:

 

The creation of a formal mechanism for granting exceptions renders a policy not generally applicable, regardless whether any exceptions have been given, because it “invite[s]” the government to decide which reasons for not complying with the policy are worthy of solicitude, Smith, 494 U.S. at 884, 110 S.Ct. 1595—here, at the Commissioner's “sole discretion.”

 

Fulton v. City of Philadelphia, Pennsylvania, 141 S. Ct. 1868, 1879 (2021)

 

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.

 

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

 

Welcome to the 90th episode of the Religion Law Podcast, the enlightening series dedicated to examining religious freedom and related legal matters. Join our host, Michael Fielding, as he reveals the inner workings of religious legal issues using an intriguing and insightful question-and-answer format.

Today's query focuses on the legality and judicial scrutiny of a city's regulatory system, specifically dealing with discretionary exemptions for religious institutions. Can such a regulatory framework withstand the rigorous examination of the courts under strict scrutiny?

Drawing on the 2021 Fulton v. City of Philadelphia Supreme Court decision, Fielding explains how a regulatory system with a formal allowance for discretionary exemptions fails under any level of judicial scrutiny. The assessment emphasizes the Supreme Court's argument that this system is not generally applicable as it allows government officials to decide whether a party is exempted or not based on personal discretion.

The episode sheds light on the failings of discretionary exemptions, highlighting why such a legal structure fails to meet the constitutional standards due to its inconsistent application. A key takeaway from this episode is the importance of fairness and consistency in the law, especially when it comes to religious institutions.

While these podcasts are for educational purposes only and not a source of legal advice, they are an engaging way to learn about religious law. The concrete examples and in-depth explanations provided in each episode make this an invaluable tool for understanding the intricacies of this particular facet of the law.

Join us next time for quiz number 91, a brief but very practical session. Happy learning, and remember: keep being an influence for good!