The Smith Court recognized one class of free
exercise cases that continue to be reviewed under the compelling interest test
– so-called “hybrid” cases in which the free exercise clause is linked to
another constitutional claim such as free speech or parental choice. P. 1866. Why did the Court need to recognize hybrid cases" See p. 1865 ("We have never held that an individual's religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the State is free to regulate."--Is this true?
The
Court specifically cited Pierce v. Society of Sisters and Yoder
as cases which survive Smith’s revisionism. Thus, when a free exercise interest “reinforces”
a claim based upon parental rights, free speech, or association, the
governmental restrictions still must be tested under the compelling interest
standard.
If
you are already protected by another constitutional right, of what value is it
to “reinforce” your claim with the free exercise clause?
Is
this a case of 1 + 0 = 1? If so, why
bother with the zero?
Or, can you argue that so long as you can reinforce
your free exercise claim with another constitutional interest (whether or not
it would be sufficient standing alone to strike down the restriction), you get
full strict scrutiny protection?
Is this like combining two losing lottery tickets to get one "hybrid" winning ticket?
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