compelling interest test in Michigan

1996The purposes of the rfra are to "restore the compelling interest test as set forth in Sherbert v Verner, 374 US 398 [ 83 S Ct 1790 ; 10 L Ed 2d 965 ] (1963) and Wisconsin v Yoder, 406 US 205 [ 92 S Ct 1526 ; 32 L Ed 2d 15 ] (1972)” and "to provide a claim or defense to persons whose religious exercise is substantially *63 burdened by government.” 42 USC 2000bb(b)(l), (2).

1996The purposes of the rfra are to "restore the compelling interest test as set forth in Sherbert v Verner, 374 US 398 [ 83 S Ct 1790 ; 10 L Ed 2d 965 ] (1963) and Wisconsin v Yoder, 406 US 205 [ 92 S Ct 1526 ; 32 L Ed 2d 15 ] (1972)” and "to provide a claim or defense to persons whose religious exercise is substantially *63 burdened by government.” 42 USC 2000bb(b)(l), (2).

1996The purposes of the rfra are to "restore the compelling interest test as set forth in Sherbert v Verner, 374 US 398 [ 83 S Ct 1790 ; 10 L Ed 2d 965 ] (1963) and Wisconsin v Yoder, 406 US 205 [ 92 S Ct 1526 ; 32 L Ed 2d 15 ] (1972)” and "to provide a claim or defense to persons whose religious exercise is substantially *63 burdened by government.” 42 USC 2000bb(b)(l), (2).

1996The purposes of the rfra are to "restore the compelling interest test as set forth in Sherbert v Verner, 374 US 398 [ 83 S Ct 1790 ; 10 L Ed 2d 965 ] (1963) and Wisconsin v Yoder, 406 US 205 [ 92 S Ct 1526 ; 32 L Ed 2d 15 ] (1972)” and "to provide a claim or defense to persons whose religious exercise is substantially *63 burdened by government.” 42 USC 2000bb(b)(l), (2).

1993In re Sawyer, 234 Kan 436; 672 P2d 1093 (1983); State v Garber, 197 Kan 567; 419 P2d 896 (1966), app dis 389 US 51 (1967). hi We have examined the claims of the DeJonges and the state pursuant to the compelling interest test.

1993In Prince v Massachusetts, 321 US 158, 166 ; 64 S Ct 438 ; 88 L Ed 645 (1944), the Court indicated the relative importance of the state's interest in the welfare of children. [T]he family itself is not beyond regulation in the public interest, as against a claim of religious liberty.

1993In Prince v Massachusetts, 321 US 158, 166 ; 64 S Ct 438 ; 88 L Ed 645 (1944), the Court indicated the relative importance of the state's interest in the welfare of children. [T]he family itself is not beyond regulation in the public interest, as against a claim of religious liberty.

1993In re Sawyer, 234 Kan 436; 672 P2d 1093 (1983); State v Garber, 197 Kan 567; 419 P2d 896 (1966), app dis 389 US 51 (1967). hi We have examined the claims of the DeJonges and the state pursuant to the compelling interest test.

1993It is, of course, a question of fact...." United States v Seeger, 380 US 163, 185 ; 85 S Ct 850 ; 13 L Ed 2d 733 (1965).

1993It is, of course, a question of fact...." United States v Seeger, 380 US 163, 185 ; 85 S Ct 850 ; 13 L Ed 2d 733 (1965).

1993In Illinois State Bd of Elections v Socialist Workers Party, 440 US 173, 188-189 ; 99 S Ct 983 ; 59 L Ed 2d 230 (1979), Justice Blackmun, concurring, warned that we should exercise caution in the application of this elusive principle. "[L]east drastic means" is a slippery slope ... [, and a] judge would be unimaginative indeed if he could not come up with something a little less "drastic" or a little less "restrictive" in almost any situation, and thereby enable himself to vote to strike legislation down. [7] Id. at 259 . [8] Id. (emphasis added). [9] See Tribe, American Constitutional Law (2d

1993In Illinois State Bd of Elections v Socialist Workers Party, 440 US 173, 188-189 ; 99 S Ct 983 ; 59 L Ed 2d 230 (1979), Justice Blackmun, concurring, warned that we should exercise caution in the application of this elusive principle. "[L]east drastic means" is a slippery slope ... [, and a] judge would be unimaginative indeed if he could not come up with something a little less "drastic" or a little less "restrictive" in almost any situation, and thereby enable himself to vote to strike legislation down. [7] Id. at 259 . [8] Id. (emphasis added). [9] See Tribe, American Constitutional Law (2d

1993In Illinois State Bd of Elections v Socialist Workers Party, 440 US 173, 188-189 ; 99 S Ct 983 ; 59 L Ed 2d 230 (1979), Justice Blackmun, concurring, warned that we should exercise caution in the application of this elusive principle. "[L]east drastic means" is a slippery slope ... [, and a] judge would be unimaginative indeed if he could not come up with something a little less "drastic" or a little less "restrictive" in almost any situation, and thereby enable himself to vote to strike legislation down. [7] Id. at 259 . [8] Id. (emphasis added). [9] See Tribe, American Constitutional Law (2d

1993In Illinois State Bd of Elections v Socialist Workers Party, 440 US 173, 188-189 ; 99 S Ct 983 ; 59 L Ed 2d 230 (1979), Justice Blackmun, concurring, warned that we should exercise caution in the application of this elusive principle. "[L]east drastic means" is a slippery slope ... [, and a] judge would be unimaginative indeed if he could not come up with something a little less "drastic" or a little less "restrictive" in almost any situation, and thereby enable himself to vote to strike legislation down. [7] Id. at 259 . [8] Id. (emphasis added). [9] See Tribe, American Constitutional Law (2d

1993Alexander v Bartlett, 14 Mich App 177, 181 ; 165 NW2d 445 (1968) (art 1, § 4 of the Michigan Constitution "`guarantees to every person the liberty to worship God according to the dictates of his own conscience'"). [28] Although "[t]he Free Exercise Clause categorically prohibits government from regulating, prohibiting, or rewarding religious beliefs as such," McDaniel v Paty, 435 US 618, 626 ; 98 S Ct 1322 ; 55 L Ed 2d 593 (1978), the case at issue involves more than government interference with mere belief; hence, the balancing approach of the compelling interest test must be utilized. [29] I

1993Alexander v Bartlett, 14 Mich App 177, 181 ; 165 NW2d 445 (1968) (art 1, § 4 of the Michigan Constitution "`guarantees to every person the liberty to worship God according to the dictates of his own conscience'"). [28] Although "[t]he Free Exercise Clause categorically prohibits government from regulating, prohibiting, or rewarding religious beliefs as such," McDaniel v Paty, 435 US 618, 626 ; 98 S Ct 1322 ; 55 L Ed 2d 593 (1978), the case at issue involves more than government interference with mere belief; hence, the balancing approach of the compelling interest test must be utilized. [29] I

1993Alexander v Bartlett, 14 Mich App 177, 181 ; 165 NW2d 445 (1968) (art 1, § 4 of the Michigan Constitution "`guarantees to every person the liberty to worship God according to the dictates of his own conscience'"). [28] Although "[t]he Free Exercise Clause categorically prohibits government from regulating, prohibiting, or rewarding religious beliefs as such," McDaniel v Paty, 435 US 618, 626 ; 98 S Ct 1322 ; 55 L Ed 2d 593 (1978), the case at issue involves more than government interference with mere belief; hence, the balancing approach of the compelling interest test must be utilized. [29] I

1993Alexander v Bartlett, 14 Mich App 177, 181 ; 165 NW2d 445 (1968) (art 1, § 4 of the Michigan Constitution "`guarantees to every person the liberty to worship God according to the dictates of his own conscience'"). [28] Although "[t]he Free Exercise Clause categorically prohibits government from regulating, prohibiting, or rewarding religious beliefs as such," McDaniel v Paty, 435 US 618, 626 ; 98 S Ct 1322 ; 55 L Ed 2d 593 (1978), the case at issue involves more than government interference with mere belief; hence, the balancing approach of the compelling interest test must be utilized. [29] I

1993In Illinois State Bd of Elections v Socialist Workers Party, 440 US 173, 188-189 ; 99 S Ct 983 ; 59 L Ed 2d 230 (1979), Justice Blackmun, concurring, warned that we should exercise caution in the application of this elusive principle. "[L]east drastic means" is a slippery slope ... [, and a] judge would be unimaginative indeed if he could not come up with something a little less "drastic" or a little less "restrictive" in almost any situation, and thereby enable himself to vote to strike legislation down. [7] Id. at 259 . [8] Id. (emphasis added). [9] See Tribe, American Constitutional Law (2d

1993In Illinois State Bd of Elections v Socialist Workers Party, 440 US 173, 188-189 ; 99 S Ct 983 ; 59 L Ed 2d 230 (1979), Justice Blackmun, concurring, warned that we should exercise caution in the application of this elusive principle. "[L]east drastic means" is a slippery slope ... [, and a] judge would be unimaginative indeed if he could not come up with something a little less "drastic" or a little less "restrictive" in almost any situation, and thereby enable himself to vote to strike legislation down. [7] Id. at 259 . [8] Id. (emphasis added). [9] See Tribe, American Constitutional Law (2d

1993Emmanuel Baptist Preschool, supra at 390 (CAVANAGH, J., concurring). [30] See also Emmanuel Baptist Preschool, supra at 391-392 (CAVANAGH, J., concurring). [31] See also Smith, supra at 887 ; Emmanuel Baptist Preschool, supra at 392 (CAVANAGH, J., concurring). [32] Madison, Memorial and Remonstrance Against Religious Assessments, quoting Virginia Declaration of Rights, Article 16, quoted in Everson , n 8 supra, appendix at 64. [33] We note again that the state does not contest the religious motivation of the DeJonges' beliefs. [34] A Bill for Establishing Religious Freedom, quoted in The Compl

1993Emmanuel Baptist Preschool, supra at 390 (CAVANAGH, J., concurring). [30] See also Emmanuel Baptist Preschool, supra at 391-392 (CAVANAGH, J., concurring). [31] See also Smith, supra at 887 ; Emmanuel Baptist Preschool, supra at 392 (CAVANAGH, J., concurring). [32] Madison, Memorial and Remonstrance Against Religious Assessments, quoting Virginia Declaration of Rights, Article 16, quoted in Everson , n 8 supra, appendix at 64. [33] We note again that the state does not contest the religious motivation of the DeJonges' beliefs. [34] A Bill for Establishing Religious Freedom, quoted in The Compl

1993In other words, as applied to the DeJonges, the certification requirement "inescapably compels conduct that [plaintiffs] find objectionable for religious reasons." Bowen v Roy, 476 US 693, 706 ; 106 S Ct 2147 ; 90 L Ed 2d 735 (1986). [38] Indeed, perhaps the most striking state *286 burden upon religious liberty imaginable, criminal prosecution, was imposed upon the DeJonges for following their interpretation of the word of God. [39] D Finally, the certification requirement is unconstitutional because it fails to meet the remaining two prongs of the compelling interest test, which presume that

1993In other words, as applied to the DeJonges, the certification requirement "inescapably compels conduct that [plaintiffs] find objectionable for religious reasons." Bowen v Roy, 476 US 693, 706 ; 106 S Ct 2147 ; 90 L Ed 2d 735 (1986). [38] Indeed, perhaps the most striking state *286 burden upon religious liberty imaginable, criminal prosecution, was imposed upon the DeJonges for following their interpretation of the word of God. [39] D Finally, the certification requirement is unconstitutional because it fails to meet the remaining two prongs of the compelling interest test, which presume that

1993See also State v Faith Baptist Church, 207 Neb 802; 301 NW2d 571 (1981). [5] We have combined the first two steps of the compelling interest test as articulated by the majority.

1993In Illinois State Bd of Elections v Socialist Workers Party, 440 US 173, 188-189 ; 99 S Ct 983 ; 59 L Ed 2d 230 (1979), Justice Blackmun, concurring, warned that we should exercise caution in the application of this elusive principle. "[L]east drastic means" is a slippery slope ... [, and a] judge would be unimaginative indeed if he could not come up with something a little less "drastic" or a little less "restrictive" in almost any situation, and thereby enable himself to vote to strike legislation down. [7] Id. at 259 . [8] Id. (emphasis added). [9] See Tribe, American Constitutional Law (2d

1993In Illinois State Bd of Elections v Socialist Workers Party, 440 US 173, 188-189 ; 99 S Ct 983 ; 59 L Ed 2d 230 (1979), Justice Blackmun, concurring, warned that we should exercise caution in the application of this elusive principle. "[L]east drastic means" is a slippery slope ... [, and a] judge would be unimaginative indeed if he could not come up with something a little less "drastic" or a little less "restrictive" in almost any situation, and thereby enable himself to vote to strike legislation down. [7] Id. at 259 . [8] Id. (emphasis added). [9] See Tribe, American Constitutional Law (2d

1993Emmanuel Baptist Preschool, supra at 390 (CAVANAGH, J., concurring). [30] See also Emmanuel Baptist Preschool, supra at 391-392 (CAVANAGH, J., concurring). [31] See also Smith, supra at 887 ; Emmanuel Baptist Preschool, supra at 392 (CAVANAGH, J., concurring). [32] Madison, Memorial and Remonstrance Against Religious Assessments, quoting Virginia Declaration of Rights, Article 16, quoted in Everson , n 8 supra, appendix at 64. [33] We note again that the state does not contest the religious motivation of the DeJonges' beliefs. [34] A Bill for Establishing Religious Freedom, quoted in The Compl

1993Emmanuel Baptist Preschool, supra at 390 (CAVANAGH, J., concurring). [30] See also Emmanuel Baptist Preschool, supra at 391-392 (CAVANAGH, J., concurring). [31] See also Smith, supra at 887 ; Emmanuel Baptist Preschool, supra at 392 (CAVANAGH, J., concurring). [32] Madison, Memorial and Remonstrance Against Religious Assessments, quoting Virginia Declaration of Rights, Article 16, quoted in Everson , n 8 supra, appendix at 64. [33] We note again that the state does not contest the religious motivation of the DeJonges' beliefs. [34] A Bill for Establishing Religious Freedom, quoted in The Compl

1993Alexander v Bartlett, 14 Mich App 177, 181 ; 165 NW2d 445 (1968) (art 1, § 4 of the Michigan Constitution "`guarantees to every person the liberty to worship God according to the dictates of his own conscience'"). [28] Although "[t]he Free Exercise Clause categorically prohibits government from regulating, prohibiting, or rewarding religious beliefs as such," McDaniel v Paty, 435 US 618, 626 ; 98 S Ct 1322 ; 55 L Ed 2d 593 (1978), the case at issue involves more than government interference with mere belief; hence, the balancing approach of the compelling interest test must be utilized. [29] I

1993In Emmanuel Baptist Preschool, supra, Justice Cavanagh, writing separately, joined Justice Griffin’s concurring opinion, "to form a majority on the issue of the Free Exercise Clause standard of review” in accordance with Justice Riley’s opinion in Sheridan Rd Baptist Church v Dep’t of Ed, 426 Mich 462, 574-578 ; 396 NW2d 373 (1986), cert den 481 US 1050 (1987).

1993Alexander v Bartlett, 14 Mich App 177, 181 ; 165 NW2d 445 (1968) (art 1, § 4 of the Michigan Constitution "`guarantees to every person the liberty to worship God according to the dictates of his own conscience'"). [28] Although "[t]he Free Exercise Clause categorically prohibits government from regulating, prohibiting, or rewarding religious beliefs as such," McDaniel v Paty, 435 US 618, 626 ; 98 S Ct 1322 ; 55 L Ed 2d 593 (1978), the case at issue involves more than government interference with mere belief; hence, the balancing approach of the compelling interest test must be utilized. [29] I

1993Alexander v Bartlett, 14 Mich App 177, 181 ; 165 NW2d 445 (1968) (art 1, § 4 of the Michigan Constitution "`guarantees to every person the liberty to worship God according to the dictates of his own conscience'"). [28] Although "[t]he Free Exercise Clause categorically prohibits government from regulating, prohibiting, or rewarding religious beliefs as such," McDaniel v Paty, 435 US 618, 626 ; 98 S Ct 1322 ; 55 L Ed 2d 593 (1978), the case at issue involves more than government interference with mere belief; hence, the balancing approach of the compelling interest test must be utilized. [29] I

1993In re Sawyer, 234 Kan 436; 672 P2d 1093 (1983); State v Garber, 197 Kan 567; 419 P2d 896 (1966), app dis 389 US 51 (1967). hi We have examined the claims of the DeJonges and the state pursuant to the compelling interest test.

1971Chief Justice Warren in Kramer v. Union Free School District (1969), 395 US 621, 627 ( 89 S Ct 1886 , 23 L Ed 2d 583 ), stated: “Therefore, if a challenged state statute grants the right to vote to some bona fide residents of requisite age and citizenship and denies the franchise to others, the Court must determine whether the exclusions are necessary to a compelling interest.” (Emphasis added.) The compelling interest test has been applied with one exception 12 to all of the recent voting cases, including Oregon v. Mitchell (1970), 400 US 112 ( 91 S Ct 260 , 27 L Ed 2d 272 ).

1971Chief Justice Warren in Kramer v. Union Free School District (1969), 395 US 621, 627 ( 89 S Ct 1886 , 23 L Ed 2d 583 ), stated: “Therefore, if a challenged state statute grants the right to vote to some bona fide residents of requisite age and citizenship and denies the franchise to others, the Court must determine whether the exclusions are necessary to a compelling interest.” (Emphasis added.) The compelling interest test has been applied with one exception 12 to all of the recent voting cases, including Oregon v. Mitchell (1970), 400 US 112 ( 91 S Ct 260 , 27 L Ed 2d 272 ).