Tag Archives: Justice Scalia

Sherbert, Peyote, and Contraceptives: The Right to Free Exercise

Prior to 1990, the standard for Free Exercise claims, known generally as the “compelling interest test” (also known as the Sherbert-Yoder test from the cases that set the precedent), was much more deferent to the religious rights of individuals. This … Continue reading

Posted in Constitutional Interpretation, Rights, Scalia, Supreme Court and Social Reform, Tyranny of the Majority | Tagged , , , | 3 Comments