Government Must Always Accommodate Religion
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Constitutional Law1
Example wrong choices
14236_sacred-grove · CONSTITUTIONAL_LAW · Choice AThe burden on the community's religious exercise from the logging operation outweighs the government's interest in permitting commercial timber harvesting.
Why it's attractive
This choice asks you to weigh burden against government interest. That's the pre-Smith Sherbert test, which Smith rejected for neutral, generally applicable laws.
Why it's wrong
This choice asks you to weigh burden against government interest. That's the pre-Smith Sherbert test, which Smith rejected for neutral, generally applicable laws.
14236_sacred-grove · CONSTITUTIONAL_LAW · Choice BThe logging operation will have a discriminatory impact on the community's religious practices in relation to the practices of other religious groups.
Why it's attractive
This choice focuses on discriminatory impact. Under Smith, disparate impact on religion is constitutionally irrelevant — the question is intent, not effect.
Why it's wrong
This choice focuses on discriminatory impact. Under Smith, disparate impact on religion is constitutionally irrelevant — the question is intent, not effect.
14236_sacred-grove · CONSTITUTIONAL_LAW · Choice DThe government can serve its legitimate interest in timber harvesting by selecting a logging site that is less burdensome on the community's religious practices.
Why it's attractive
This choice suggests the government must find a less burdensome alternative. That's a strict-scrutiny requirement, but strict scrutiny only applies when the government targets religion.
Why it's wrong
This choice suggests the government must find a less burdensome alternative. That's a strict-scrutiny requirement, but strict scrutiny only applies when the government targets religion.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →