Practice question
Assume government action burdens a sincere religious practice and the compelling-state-interest test applies. The State establishes a compelling objective but does not address an available, equally effective way to achieve it that burdens religion less. What is missing?
- A public opinion survey.
- Proof that the claimant's theology is false.
- The claimant's agreement with the regulation.
- Approval from every religious organization.
- A sufficient justification that the chosen means meet the least-restrictive requirement.
Legal references
- 1987 Constitution, Article III, section 5, https://lawphil.net/consti/cons1987.html
- Estrada v. Escritor, A.M. No. P-02-1651, June 22, 2006 Resolution, https://lawphil.net/judjuris/juri2006/jun2006/am_p-02-1651_2006.html
- Imbong v. Ochoa, G.R. No. 204819 et al., April 8, 2014, religious freedom discussion, https://lawphil.net/judjuris/juri2014/apr2014/gr_204819_2014.html
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