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Is the Sherbert Test still relevant?

Sherbert v. Verner. Smith. For laws that discriminate along religious/secular lines or neutral laws that are enforced in a discriminatory way, the components of the Sherbert Test are still appropriate constitutional tools for courts to use.

What is the Sherbert v Verner test?

The test was developed by the court through the decision of Sherbert v. Verner, 374 U.S. 398 (U.S. 1963), and required the demonstration of such a compelling interest in Free Exercise cases. The test consists of four criteria that are used to determine if an individual’s right to religious free exercise has been violated by the government.

What is the Sherbert/Yoder test?

…rule became known as the Sherbert/Yoder test, named for the court’s rulings in Sherbert v. Verner (1963) and Wisconsin v. Yoder (1972), in which the court strongly enforced this religious exemption requirement.

Does Sherbert's compelling interest test work?

In its statutory findings, Congress expressed its disagreement with the Smith decision by concluding that Sherbert’s compelling interest test is more workable for “striking sensible balances between religious liberty and competing prior governmental interests.”