Friday, September 17, 2021

Strict Scrutiny and Least Restrictive Means Element

Notice that most governmental interests are not compellingly important and, even if one is, under strict scrutiny the means must be necessary and narrowly tailored to advance that compellingly important governmental ends.

So consider the above from USA Today. The Rabbi was serving a 12-year prison sentence for kidnapping. Prison officials had a compelling interest in prison security to require a clean-shaven picture of the Rabbi. But the Rabbi's religious beliefs would not allow him to shave for the picture.

Is requiring him to shave necessary for the state to get its compellingly important  picture?

Is there a least restrictive means of getting the picture without restricting his religious liberty?

How about a virtual shave using computer software to remove the beard from the picture on the left?

Strict scrutiny requires the state to pass through a gauntlet of superlatives before restricting a highly protected constitutional right or employing a suspect classification under EPC.

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