church lukumi babalu aye city hialeah argued november decided june petitioner church congregants practice santeria religion employs animal sacrifice one principal forms devotion animals killed cutting carotid arteries cooked eaten following santeria rituals except healing death rites church leased land respondent city announced plans establish house worship facilities city council held emergency public session passed among enactments resolution noted city residents concern religious practices inconsistent public morals peace safety declared city commitment prohibiting practices ordinance incorporates florida animal cruelty laws broadly punishes hoever unnecessarily cruelly kills animal interpreted reach killings religious reasons ordinance defines sacrifice unnecessarily kill animal ritual primary purpose food consumption prohibits possess ion sacrifice slaughter animal killed type ritual intent use food exempts licensed food establishment killing otherwise permitted law ordinance prohibits sacrifice animals defines sacrifice manner ordinance ordinance defines slaughter killing animals food prohibits slaughter outside areas zoned slaughterhouses includes exemption small numbers hogs cattle exempted state law petitioners filed suit alleging violations rights inter alia free exercise clause first amendment although acknowledging foregoing ordinances religiously neutral district ruled city concluding among things compelling governmental interests preventing public health risks cruelty animals fully justified absolute prohibition ritual sacrifice accomplished ordinances exception prohibition religious conduct unduly interfere fulfillment governmental interest narrow restrictions unenforceable result santeria religion secret nature appeals affirmed held judgment reversed ca reversed justice kennedy delivered opinion respect parts iii iv concluding laws question enacted contrary free exercise principles void pp free exercise clause law burdens religious practice need justified compelling governmental interest neutral general applicability employment dept human resources smith however law neutral general application must undergo rigorous scrutiny must justified compelling governmental interest must narrowly tailored advance interest neutrality general applicability interrelated failure satisfy one requirement likely indication satisfied pp ordinances texts operation demonstrate neutral object suppression santeria central element animal sacrifice religious exercise targeted evidenced resolution statements concern commitment use words sacrifice ritual ordinances moreover latter ordinances various prohibitions definitions exemptions demonstrate gerrymandered care proscribe religious killings animals santeria church members exclude almost allother animal killings also suppress much religious conduct necessary achieve stated ends legitimate governmental interests protecting public health preventing cruelty animals addressed restrictions stopping far short flat prohibition santeria sacrificial practice general regulations disposal organic garbage care animals regardless kept methods slaughter although ordinance appears apply substantial nonreligious conduct overbroad must also invalidated functions tandem ordinances suppress santeria religious worship pp ordinances pursues city governmental interests conduct motivated religious belief thereby violates requirement laws burdening religious practice must general applicability ordinances substantially underinclusive regard city interest preventing cruelty animals since drafted care forbid animal killings occasioned religious sacrifice many types animal deaths kills nonreligious reasons either prohibited approved express provision city assertions killing food important eradication insects pests obviously justified euthanasia excess animals makes sense explain religion alone must bear burden ordinances ordinances also substantially underinclusive regard city public health interests preventing disposal animal carcasses open public places consumption uninspected meat since neither interest pursued respondent regard conduct motivated religious conviction ordinance underinclusive face since regulate nonreligious slaughter food like manner respondent explained commercial slaughter small numbers cattle hogs implicate professed desire prevent cruelty animals preserve public health pp ordinances withstand strict scrutiny required upon failure meet smith standard narrowly tailored accomplish asserted governmental interests four overbroad underinclusive substantial respects proffered objectives pursued respect analogous nonreligious conduct interests achieved narrower ordinances burdened religion far lesser degree moreover government restricts conduct protected first amendment fails enact feasible measures restrict conduct producing substantial harm alleged harm sort governmental interests given justification restriction regarded compelling pp douglas laycock argued cause petitioners briefs jeanne baker steven shapiro jorge duarte richard garrett argued cause respondent brief stuart singer steven goldsmith briefs amici curiae urging reversal filed americans separation church state et al edward mcglynn gaffney steven mcfarland bradley jacob michael mcconnell council religious freedom lee boothby robert nixon walter carson rolland truman rutherford institute john whitehead briefs amici curiae urging affirmance filed international society animal rights et al henry mark holzer people ethical treatment animals et al gary francione washington humane society edward bruce briefs amici curiae filed catholic conference mark chopko john liekweg humane society et al peter buscemi maureen beyers roger kindler eugene underwood institute animal rights law et al henry mark holzer national jewish commission law public affairs nathan lewin dennis rapps justice kennedy delivered opinion except part principle government may enact laws suppress religious belief practice well understood violations recorded opinions cf mcdaniel paty fowler rhode island concerned fundamental nonpersecution principle first amendment implicated however granted certiorari review confirms laws question enacted officials understand failed perceive chose ignore fact official actions violated nation essential commitment religious freedom challenged laws impermissible object events principle general applicability violated secular ends asserted defense laws pursued respect conduct motivated religious beliefs invalidate challenged enactments reverse judgment appeals case involves practices santeria religion originated century hundreds thousands members yoruba people brought slaves western africa cuba traditional african religion absorbed significant elements roman catholicism resulting syncretion fusion santeria way saints cuban yoruba express devotion spirits called orishas iconography catholic saints catholic symbols often present santeria rites santeria devotees attend catholic sacraments sd encyclopedia religion eliade ed encyclopedia american religious experience lippy williams eds santeria faith teaches every individual destiny god destiny fulfilled aid energy orishas basis santeria religion nurture personal relation orishas one principal forms devotion animal sacrifice encyclopedia religion supra sacrifice animals part religious rituals ancient roots see generally animal sacrifice mentioned throughout old testament see encyclopaedia judaica played important role practice judaism destruction second temple jerusalem see modern islam annual sacrifice commemorating abraham sacrifice ram stead son see glasse concise encyclopedia islam encyclopedia religion supra according santeria teaching orishas powerful immortal depend survival sacrifice sacrifices performed birth marriage death rites cure sick initiation new members priests annual celebration animals sacrificed santeria rituals include chickens pigeons doves ducks guinea pigs goats sheep turtles animals killed cutting carotid arteries neck sacrificed animal cooked eaten except healing death rituals see encyclopedia religion supra santeria experience santeria adherents faced widespread persecution cuba religion rituals practiced secret open practice santeria rites remains infrequent see encyclopedia religion supra santeria religion religion brought nation often exiles cuban revolution district estimated least practitioners south florida today see petitioner church lukumi babalu aye church corporation organized florida law church congregants practice santeria religion president church petitioner ernesto pichardo also church priest holds religious title italero second highest santeria faith april church leased land city hialeah florida announced plans establish house worship well school cultural center museum pichardo indicated church goal bring practice santeria faith including ritual animal sacrifice open church began process obtaining utility service receiving necessary licensing inspection zoning approvals although church efforts obtaining necessary licenses permits far smooth see appears received needed approvals early august prospect santeria church midst distressing many members hialeah community announcement plans open santeria church hialeah prompted city council hold emergency public session june resolutions ordinances passed later meetings set forth appendix following opinion summary suffices beginning enactments passed june meeting first city council adopted resolution noted concern expressed residents city certain religions may propose engage practices inconsistent public morals peace safety declared city reiterates commitment prohibition acts religious groups inconsistent public morals peace safety next council approved emergency ordinance ordinance incorporated full except penalty florida animal cruelty laws ch among things incorporated state law subjected criminal punishment hoever unnecessarily cruelly kills animal city council desired undertake legislative action florida law prohibited municipality enacting legislation relating animal cruelty conflicted state law obtain clarification hialeah city attorney requested opinion attorney general florida whether prohibited religious group sacrificing animal religious ritual practice whether city enact ordinances making religious animal sacrifice unlawful attorney general responded concluded ritual sacrifice animals purposes food consumption necessary killing prohibited annual report attorney general appeared define unnecessary done without useful motive spirit wanton cruelty mere pleasure destruction without sense beneficial useful person killing animal advised religious animal sacrifice state law city ordinance prohibiting conflict city council responded first hortatory enactment resolution noted residents great concern regarding possibility public ritualistic animal sacrifices prohibition resolution declared city policy oppose ritual sacrifices animals within hialeah announced person organization practicing animal sacrifice prosecuted september city council adopted three substantive ordinances addressing issue religious animal sacrifice ordinance defined sacrifice unnecessarily kill torment torture mutilate animal public private ritual ceremony primary purpose food consumption prohibited owning possessing animal intending use animal food purposes restricted application prohibition however individual group kills slaughters sacrifices animals type ritual regardless whether flesh blood animal consumed ordinance contained exemption slaughtering licensed establishment animals specifically raised food purposes declaring moreover city council determined sacrificing animals within city limits contrary public health safety welfare morals community city council adopted ordinance ordinance defined sacrifice ordinance provided shall unlawful person persons corporations associations sacrifice animal within corporate limits city hialeah florida final ordinance defined slaughter killing animals food prohibited slaughter outside areas zoned slaughterhouse use ordinance provided exemption however slaughter processing sale small numbers hogs cattle per week accordance exemption provided state law ordinances resolutions passed city council unanimous vote violations four ordinances punishable fines exceeding imprisonment exceeding days following enactment ordinances church pichardo filed action pursuant district southern district florida named defendants city hialeah mayor members city council individual capacities alleging violations petitioners rights inter alia free exercise clause complaint sought declaratory judgment injunctive monetary relief district granted summary judgment individual defendants finding absolute immunity legislative acts ordinances resolutions adopted council constitute official policy harassment alleged petitioners sd bench trial remaining claims district ruled city finding violation petitioners rights free exercise clause sd rejected well petitioners claims issue although acknowledging ordinances religiously neutral city concern animal sacrifice prompted establishment church city district concluded purpose ordinances exclude church city end practice animal sacrifice whatever reason practiced also found ordinances target religious conduct face though noted event specifically regulating religious conduct violate first amendment conduct deemed inconsistent public health welfare thus concluded ordinances effect petitioners religious conduct incidental secular purpose effect district proceeded determine whether governmental interests underlying ordinances compelling balance governmental religious interests noted balance depends upon cost government altering activity allow religious practice continue unimpeded versus cost religious interest imposed government activity quoting grosz city miami beach ca cert denied found four compelling interests first found animal sacrifices present substantial health risk participants general public according animals sacrificed often kept unsanitary conditions uninspected animal remains found public places second found emotional injury children witness sacrifice animals third found compelling city interest protecting animals cruel unnecessary killing determined method killing used santeria sacrifice unreliable humane animals sacrificed often kept conditions produce great deal fear stress animal fourth district found compelling city interest restricting slaughter sacrifice animals areas zoned slaughterhouse use legal determination accompanied factual findings balancing competing governmental religious interests district concluded compelling governmental interests fully justify absolute prohibition ritual sacrifice accomplished ordinances also concluded exception sacrifice prohibition religious conduct unduly interfere fulfillment governmental interest narrow restrictions regulation disposal animal carcasses unenforceable result secret nature santeria religion nn religious exemption city ordinances concluded defeat city compelling interests enforcing prohibition appeals eleventh circuit affirmed per curiam opinion judgt order reported choosing rely district recitation compelling interest promoting welfare children appeals stated simply concluded ordinances consistent constitution app pet cert declined address effect employment dept human resources smith decided district opinion district employed arguably stricter standard applied smith app pet cert ii free exercise clause first amendment applied fourteenth amendment see cantwell connecticut provides congress shall make law respecting establishment religion prohibiting free exercise thereof emphasis added city argue santeria religion within meaning first amendment although practice animal sacrifice may seem abhorrent religious beliefs need acceptable logical consistent comprehensible others order merit first amendment protection thomas review bd indiana employment security given historical association animal sacrifice religious worship see supra petitioners assertion animal sacrifice integral part religion deemed bizarre incredible frazee illinois dept employment security neither city courts moreover questioned sincerity petitioners professed desire conduct animal sacrifices religious reasons must consider petitioners first amendment claim addressing constitutional protection free exercise religion cases establish general proposition law neutral general applicability need justified compelling governmental interest even law incidental effect burdening particular religious practice employment dept human resources smith supra neutrality general applicability interrelated becomes apparent case failure satisfy one requirement likely indication satisfied law failing satisfy requirements must justified compelling governmental interest must narrowly tailored advance interest ordinances fail satisfy smith requirements begin discussing neutrality establishment clause cases often stated principle first amendment forbids official purpose disapprove particular religion religion general see board ed westside community schools dist mergens plurality opinion school dist grand rapids ball wallace jaffree epperson arkansas school dist abington schempp everson board ed ewing cases however part addressed governmental efforts benefit religion particular religions dealt question different least formulation emphasis issue petitioners allege attempt disfavor religion religious ceremonies commands free exercise clause dispositive analysis minimum protections free exercise clause pertain law issue discriminates religious beliefs regulates prohibits conduct undertaken religious reasons see braunfeld brown plurality opinion fowler rhode island indeed historical instances religious persecution intolerance gave concern drafted free exercise clause bowen roy opinion burger see story commentaries constitution abridged ed reprint cooley constitutional limitations reprint mcgowan maryland opinion frankfurter douglas jeannette jackson concurring result davis beason principles though often issue free exercise clause cases played role mcdaniel paty example invalidated state law disqualified members clergy holding certain public offices impose special disabilities basis religious status employment dept human resources smith principle fowler rhode island supra found municipal ordinance applied unconstitutional manner interpreted prohibit preaching public park jehovah witness permit preaching course catholic mass protestant church service see also niemotko maryland cf larson valente state statute treated religious denominations favorably others violated establishment clause although law targeting religious beliefs never permissible mcdaniel paty supra plurality opinion cantwell connecticut supra object law infringe upon restrict practices religious motivation law neutral see employment dept human resources oregon smith supra invalid unless justified compelling interest narrowly tailored advance interest course many ways demonstrating object purpose law suppression religion religious conduct determine object law must begin text minimum requirement neutrality law discriminate face law lacks facial neutrality refers religious practice without secular meaning discernable language context petitioners contend three ordinances fail test facial neutrality use words sacrifice ritual words strong religious connotations brief petitioners agree words consistent claim facial discrimination argument conclusive words sacrifice ritual religious origin current use admits also secular meanings see webster third new international dictionary see also encyclopedia religion word sacrifice ultimately became much secular term common usage ordinances furthermore define sacrifice secular terms without referring religious practices reject contention advanced city see brief respondent inquiry must end text laws issue facial neutrality determinative free exercise clause like establishment clause extends beyond facial discrimination clause forbids subtle departures neutrality gillette covert suppression particular religious beliefs bowen roy supra opinion burger official action targets religious conduct distinctive treatment shielded mere compliance requirement facial neutrality free exercise clause protects governmental hostility masked well overt must survey meticulously circumstances governmental categories eliminate religious gerrymanders walz tax new york city harlan concurring record case compels conclusion suppression central element santeria worship service object ordinances first though use words sacrifice ritual compel finding improper targeting santeria religion choice words support conclusion respects text city council enactments discloses improper attempt target santeria resolution adopted june recited residents citizens city hialeah expressed concern certain religions may propose engage practices inconsistent public morals peace safety reiterate city commitment prohibit acts religious groups one suggests record maintained city officials mind religion santeria becomes evident ordinances target santeria sacrifice ordinances operation considered apart text effect law real operation strong evidence object sure adverse impact always lead finding impermissible targeting example social harm may legitimate concern government reasons quite apart discrimination mcgowan maryland see reynolds davis beason see also ely legislative administrative motivation constitutional law yale subject hand implicate course multiple concerns unrelated religious animosity example suffering mistreatment visited upon sacrificed animals health hazards improper disposal ordinances considered together disclose object remote legitimate concerns design laws accomplishes instead religious gerrymander walz tax new york city supra harlan concurring impermissible attempt target petitioners religious practices necessary conclusion almost conduct subject ordinances religious exercise santeria church members texts show drafted tandem achieve result begin ordinance prohibits sacrifice animals defines sacrifice unnecessarily kill animal public private ritual ceremony primary purpose food consumption definition excludes almost killings animals except religious sacrifice primary purpose requirement narrows proscribed category even particular exempting kosher slaughter see need discuss whether differential treatment two religions independent constitutional violation cf larson valente suffices recite feature law support conclusion santeria alone exclusive legislative concern net result gerrymander killings animals prohibited santeria sacrifice proscribed occurs ritual ceremony primary purpose make offering orishas food consumption indeed careful drafting ensured although santeria sacrifice prohibited killings necessary humane almost circumstances unpunished operating similar fashion ordinance prohibits possess ion sacrifice slaughter animal inten use animal food purposes prohibition extending keeping animal well killing applies animal killed type ritual intent use animal food whether fact consumed food ordinance exempts however licensed food establishment regard animals specifically raised food purposes activity permitted zoning laws exception seems intended cover kosher slaughter burden ordinance practical terms falls santeria adherents almost others killing unlike santeria sacrifices unaccompanied intent use animal food prohibited ordinance killing specifically food occur course type ritual falls outside prohibition killing food occurs course ritual still exempted occurs properly zoned licensed establishment involves animals specifically raised food purposes pattern exemptions parallels pattern narrow prohibitions contributes gerrymander ordinance incorporates florida animal cruelty statute prohibition broad face punishing hoever unnecessarily kills animal city claims ordinance epitome neutral prohibition brief respondent problem however interpretation given ordinance respondent florida attorney general killings religious reasons deemed unnecessary whereas killings fall outside prohibition city seems per se basis deems hunting slaughter animals food eradication insects pests euthanasia necessary see indication record respondent concluded hunting fishing sport unnecessary indeed one reported florida cases decided concludes use live rabbits train greyhounds unnecessary see kiper state fla app cert denied requires evaluation particular justification killing ordinance represents system individualized governmental assessment reasons relevant conduct employment dept human resources oregon smith noted smith circumstances individualized exemptions general requirement available government may refuse extend system cases religious hardship without compelling reason ibid quoting bowen roy opinion burger respondent application ordinance test necessity devalues religious reasons killing judging lesser import nonreligious reasons thus religious practice singled discriminatory treatment bowen roy stevens concurring part concurring result opinion burger lee stevens concurring judgment also find significant evidence ordinances improper targeting santeria sacrifice fact proscribe religious conduct necessary achieve stated ends unreasonable infer least persuasive indications contrary law visits gratuitous restrictions religious conduct mcgowan maryland opinion frankfurter seeks effectuate stated governmental interests suppress conduct religious motivation legitimate governmental interests protecting public health preventing cruelty animals addressed restrictions stopping far short flat prohibition santeria sacrificial practice improper disposal sacrifice harm prevented city imposed general regulation disposal organic garbage indeed counsel city conceded oral argument ordinances santeria sacrifices illegal even occurred licensed inspected zoned slaughterhouses tr oral arg see also thus broad ordinances prohibit santeria sacrifice even threaten city interest public health district accepted argument narrower regulation unenforceable secrecy santeria rituals lack central religious authority require compliance secular disposal regulations see nn difficult understand however prohibition sacrifices occur private enforceable ban improper disposal occurs public neutrality law suspect first amendment freedoms curtailed prevent isolated collateral harms prohibited direct regulation see schneider state similar analysis narrower regulation achieve city interest preventing cruelty animals regard city interest ensuring adequate care animals regulation conditions treatment regardless animal kept logical response city concern prohibition possession purpose sacrifice true city interest prohibiting cruel methods killing federal florida law ordinance incorporates florida law regard killing animal simultaneous instantaneous severance carotid arteries sharp instrument method used kosher slaughter approved humane see ordinance district found though santeria sacrifice also results severance carotid arteries method used sacrifice less reliable therefore humane see city real concern methods less humane however subject regulation method slaughter religious classification said bear general relation ordinance unlike three ordinances appear apply substantial nonreligious conduct overbroad purposes however four substantive ordinances may treated group neutrality purposes ordinance passed day ordinance enacted three others direct response opening church implausible suggest three ordinances ordinance object suppression religion need decide whether ordinance survive constitutional scrutiny existed separately must invalidated functions rest enactments question suppress santeria religious worship determining object law neutral one free exercise clause also find guidance equal protection cases justice harlan noted related context establishment clause eutrality application requires equal protection mode analysis walz tax new york city concurring opinion equal protection cases may determine city council object direct circumstantial evidence arlington heights metropolitan housing development relevant evidence includes among things historical background decision challenge specific series events leading enactment official policy question legislative administrative history including contemporaneous statements made members decisionmaking body objective factors bear question discriminatory object personnel administrator mass feeney ordinances enacted merely spite suppression santeria religious practice revealed events preceding enactment thier although respondent claimed oral argument experienced significant problems resulting sacrifice animals within city announced opening church tr oral arg city council made attempt address supposed problem meeting june weeks church announced plans open minutes taped excerpts june session record evidence significant hostility exhibited residents members city council city officials toward santeria religion practice animal sacrifice public crowd attended june meetings interrupted statements council members critical santeria cheers brief comments pichardo taunts councilman martinez supporter ordinances stated prerevolution cuba people put jail practicing religion audience applauded taped excerpts hialeah city council meeting june statements members city council similar vein example councilman martinez noting belief santeria outlawed cuba questioned practice religion homeland cuba bring country councilman cardoso said santeria devotees church violation everything country stands councilman mejides indicated totally sacrificing animals distinguished kosher slaughter real purpose bible says allowed sacrifice animal consumption continued purposes believe bible allows president city council councilman echevarria asked prevent church opening various hialeah city officials made comparable comments chaplain hialeah police department told city council santeria sin foolishness abomination lord worship demons advised city council need helping people sharing truth found jesus christ concluded exhort permit church exist city attorney commented resolution indicated community tolerate religious practices abhorrent citizens ibid similar comments made deputy city attorney history discloses object ordinances target animal sacrifice santeria worshippers religious motivation sum neutrality inquiry leads one conclusion ordinances object suppression religion pattern recited discloses animosity santeria adherents religious practices ordinances terms target religious exercise texts ordinances gerrymandered care proscribe religious killings animals exclude almost secular killings ordinances suppress much religious conduct necessary order achieve legitimate ends asserted defense ordinances neutral committed clear error failing reach conclusion turn next second requirement free exercise clause rule laws burdening religious practice must general applicability employment dept human resources smith laws selective extent categories selection paramount concern law incidental effect burdening religious practice free exercise clause protect religious observers unequal treatment hobbie unemployment appeals stevens concurring judgment inequality results legislature decides governmental interests seeks advance worthy pursued conduct religious motivation principle government pursuit legitimate interests selective manner impose burdens conduct motivated religious belief essential protection rights guaranteed free exercise clause principle underlying general applicability requirement parallels first amendment jurisprudence see cohen cowles media university pennsylvania eeoc minneapolis star tribune minnesota revenue larson valente presbyterian church mary elizabeth blue hull memorial presbyterian church case need define precision standard used evaluate whether prohibition general application ordinances fall well minimum standard necessary protect first amendment rights respondent claims ordinances advance two interests protecting public health preventing cruelty animals ordinances underinclusive ends fail prohibit nonreligious conduct endangers interests similar greater degree santeria sacrifice underinclusion substantial inconsequential despite city proffered interest preventing cruelty animals ordinances drafted care forbid killings occasioned religious sacrifice many types animal deaths kills nonreligious reasons either prohibited approved express provision example fishing occurs hialeah see khedouri khedouri south florida inside legal extermination mice rats within home also permitted florida law incorporated ordinance sanctions euthanasia stray neglected abandoned unwanted animals destruction animals judicially removed owners humanitarian reasons animal commercial value infliction pain suffering interest medical science placing poison one yard enclosure use live animal pursue take wildlife participate hunting hunt wild hogs city concedes neither state florida city enacted generally applicable ban killing animals brief respondent asserts however animal sacrifice different animal killings permitted law ibid according city killing animals food important eradication insects pests obviously justified euthanasia excess animals makes sense ipse dixits explain religion alone must bear burden ordinances many secular killings fall within city interest preventing cruel treatment animals ordinances also underinclusive regard city interest public health threatened disposal animal carcasses open public places consumption uninspected meat see brief respondent citing neither interest pursued respondent regard conduct motivated religious conviction health risks posed improper disposal animal carcasses whether santeria sacrifice nonreligious killing preceded city however prohibit hunters bringing kill houses regulate disposal activity despite substantial testimony trial public health hazards result improper disposal garbage restaurants see record restaurants outside scope ordinances improper disposal general problem causes substantial health risks respondent addresses results religious exercise ordinances underinclusive well regard health risk posed consumption uninspected meat city ordinances hunters may eat kill fishermen may eat catch without undergoing governmental inspection likewise state law requires inspection meat sold exempts meat animals raised use owner members household nonpaying guests employees asserted interest inspected meat pursued contexts similar religious animal sacrifice ordinance prohibits slaughter animals outside areas zoned slaughterhouses underinclusive face ordinance includes exemption person group organization slaughters processes sale small numbers hogs cattle per week accordance exemption provided state law see respondent explained commercial operations slaughter small numbers hogs cattle implicate professed desire prevent cruelty animals preserve public health although city classified santeria sacrifice slaughter subjecting ordinance regulate killings food like manner conclude sum hialeah ordinances pursues city governmental interests conduct motivated religious belief ordinances ha every appearance prohibition society prepared impose upon santeria worshippers upon florida star scalia concurring part concurring judgment precise evil requirement general applicability designed prevent iii law burdening religious practice neutral general application must undergo rigorous scrutiny satisfy commands first amendment law restrictive religious practice must advance interests highest order must narrowly tailored pursuit interests mcdaniel paty quoting wisconsin yoder compelling interest standard apply law fails meet smith requirements water ed really means says employment dept human resources smith law targets religious conduct distinctive treatment advances legitimate governmental interests conduct religious motivation survive strict scrutiny rare cases follows already said ordinances withstand scrutiny first even governmental interests compelling ordinances drawn narrow terms accomplish interests discussed see supra four ordinances overbroad underinclusive substantial respects proffered objectives pursued respect analogous nonreligious conduct interests achieved narrower ordinances burdened religion far lesser degree absence narrow tailoring suffices establish invalidity ordinances see arkansas writers project ragland respondent demonstrated moreover context ordinances governmental interests compelling government restricts conduct protected first amendment fails enact feasible measures restrict conduct producing substantial harm alleged harm sort interest given justification restriction compelling established strict scrutiny jurisprudence law regarded protecting interest highest order leaves appreciable damage supposedly vital interest unprohibited florida star supra scalia concurring part concurring judgment citation omitted see simon schuster members state crime victims cf florida star supra smith daily mail publishing rehnquist concurring judgment show see supra ordinances underinclusive substantial extent respect interests respondent asserted conduct motivated religious conviction bears weight governmental restrictions serious claim interests justify ordinances iv free exercise clause commits government religious tolerance upon even slight suspicion proposals state intervention stem animosity religion distrust practices officials must pause remember high duty constitution rights secures office must resolute resisting importunate demands must ensure sole reasons imposing burdens law regulation secular legislators may devise mechanisms overt disguised designed persecute oppress religion practices laws question enacted contrary constitutional principles void reversed fn chief justice justice scalia justice thomas join part opinion justice white joins part opinion justice souter joins parts iii iv opinion appendix opinion whereas residents citizens city hialeah expressed concern certain religions may propose engage practices inconsistent public morals peace safety whereas florida constitution article declaration rights section religious freedom specifically religious freedom shall justify practices inconsistent public morals peace safety therefore resolved mayor city council city hialeah florida city reiterates commitment prohibition acts religious groups inconsistent public morals peace safety whereas citizens city hialeah florida expressed great concern potential animal sacrifices conducted city hialeah whereas section florida statutes provides nothing contained section shall prevent county municipality enacting ordinance relating animal control cruelty animals identical provisions chapter except penalty therefore ordained mayor city council city hialeah florida section mayor city council city hialeah florida hereby adopt florida statute chapter cruelty animals copy attached hereto made part hereof entirety relating animal control cruelty animals except penalty section repeal ordinances conflict ordinances parts ordinances conflict herewith hereby repealed extent conflict section penalties person firm corporation convicted violating provisions ordinance shall punished fine exceeding jail sentence exceeding sixty days discretion section inclusion code provisions ordinance shall included incorporated code city hialeah addition amendment thereto sections ordinance shall renumbered conform uniform numbering system code section severability clause phrase clause sentence paragraph section ordinance shall declared invalid unconstitutional judge decree competent jurisdiction invalidity unconstitutionality shall affect remaining phrases clauses sentences paragraphs sections ordinance section effective date ordinance shall become effective passed city council city hialeah signed mayor city hialeah whereas residents citizens city hialeah florida expressed great concern regarding possibility public ritualistic animal sacrifices city hialeah florida whereas city hialeah florida received opinion attorney general state florida concluding public ritualistic animal sacrifices sic violation florida state statute cruelty animals whereas attorney general held sacrificial killing animals primary purpose food consumption prohibited state law whereas city hialeah florida enacted ordinance mirroring state law prohibiting cruelty animals therefore resolved mayor city council city hialeah florida section policy mayor city council city hialeah florida oppose ritual sacrifices animals within city hialeah florida sic individual organization seeks practice animal sacrifice violation state local law prosecuted whereas residents citizens city hialeah florida expressed great concern regarding possibility public ritualistic animal sacrifices within city hialeah florida whereas city hialeah florida received opinion attorney general state florida concluding public ritualistic animal sacrifice primary purpose food consumption violation state law whereas city hialeah florida enacted ordinance ordinance mirroring state law prohibiting cruelty animals whereas city hialeah florida wishes specifically prohibit possession animals slaughter sacrifice within city hialeah florida therefore ordained mayor city council city hialeah florida section chapter code ordinances city hialeah florida hereby amended adding thereto two new sections definitions prohibition possession animals slaughter sacrifice read follows section definitions animal living dumb creature sacrifice unnecessarily kill torment torture mutilate animal public private ritual ceremony primary purpose food consumption slaughter killing animals food section prohibition possession animals slaughter sacrifice person shall keep otherwise possess sacrifice slaughter sheep goat pig cow young species poultry rabbit dog cat animal intending use animal food purposes section applicable group individual kills slaughters sacrifices animals type ritual regardless whether flesh blood animal consumed nothing ordinance interpreted prohibiting licensed establishment slaughtering food purposes animals specifically raised food purposes activity properly zoned permitted state local law rules promulgated florida department agriculture section repeal ordinance conflict ordinances parts ordinances conflict herewith hereby repealed extent conflict section penalties person firm corporation convicted violating provisions ordinance shall punished fine exceeding jail sentence exceeding sixty days discretion section inclusion code provisions ordinance shall included incorporated code city hialeah addition amendment thereto sections ordinance shall renumbered conform uniform numbering system code section severability clause phrase clause sentence paragraph section ordinance shall declared invalid unconstitutional judgement decree competent jurisdiction invalidity unconstitutionality shall effect remaining phrases clauses sentences paragraphs sections ordinance section effective date ordinance shall become effective passed city council city hialeah signed mayor city hialeah whereas city council city hialeah florida determined sacrificing animals within city limits contrary public health safety welfare morals community whereas city council city hialeah florida desires qualified societies corporations organized laws state florida authorized investigate prosecute violation ordinance herein set forth registration agents said societies therefore ordained mayor city council city hialeah florida section purpose ordinance word sacrifice shall mean unnecessarily kill torment torture mutilate animal public private ritual ceremony primary purpose food consumption section purpose ordinance word animal shall mean living dumb creature section shall unlawful person persons corporations associations sacrifice animal within corporate limits city hialeah florida section societies associations prevention cruelty animals organized laws state florida seeking register city hialeah purposes investigating assisting prosecution violations provisions sic ordinance shall apply city council authorization register shall registered office mayor city hialeah florida following approval city council public hearing accordance rules regulations criteria established city council resolution shall thereafter empowered assist prosecution violation ordinance section society association prevention cruelty animals registered mayor city hialeah florida accordance provisions section hereinabove may appoint agents purposes investigating assisting prosecution violations provisions sic ordinance laws city hialeah florida purpose protecting animals preventing act prohibited hereunder section repeal ordinances conflict ordinances parts ordinances conflict herewith hereby repealed extent conflict section penalties person firm corporation convicted violating provisions ordinance shall punished fine exceeding jail sentence exceeding sixty days discretion section inclusion code provisions ordinance shall included incorporated code city hialeah addition amendment thereto sections ordinance shall renumbered conform uniform numbering system code section severability clause phrase clause sentence paragraph section ordinance shall declared invalid unconstitutional judgment decree competent jurisdiction invalidity unconstitutionality shall effect remaining phrases clauses sentences paragraphs sections ordinance section effective date ordinance shall become effective passed city council city hialeah signed mayor city hialeah whereas city council city hialeah florida determined slaughtering animals premises properly zoned slaughter house contrary public health safety welfare citizens hialeah florida therefore ordained mayor city council city hialeah florida section purpose ordinance word slaughter shall mean killing animals food section purpose ordinance word animal shall mean living dumb creature section shall unlawful person persons corporations associations slaughter animal premises city hialeah florida except properly zoned slaughter house meeting health safety sanitation codes prescribed city operation slaughter house section societies associations prevention cruelty animals organized laws state florida seeking register city hialeah purposes investigating assisting prosecution violations provisions sic ordinance shall apply city council authorization register shall registered office mayor city hialeah florida following approval city council public hearing accordance rules regulations criteria established city council resolution shall thereafter empowered assist prosecution violations ordinance section society association prevention cruelty animals registered mayor city hialeah florida accordance provisions section hereinabove may appoint agents purposes investigating assisting prosecution violations provisions sic ordinance laws city hialeah florida purpose protecting animals preventing act prohibited hereunder section ordinance shall apply person group organization slaughters processes sale small numbers hogs cattle per week accordance exemption provided state law section repeal ordinances conflict ordinances parts ordinances conflict herewith hereby repealed extent conflict section penalties person firm corporation convicted violating provisions ordinance shall punished fine exceeding jail sentence exceeding sixty days discretion section inclusion code provisions ordinance shall included incorporated code city hialeah addition amendment thereto sections ordinance shall renumbered conform uniform numbering system code section severability clause phrase clause sentence paragraph section ordinance shall declared invalid unconstitutional judgment decree competent jurisdiction invalidity unconstitutionality shall effect remaining phrases clauses sentences paragraphs sections ordinance section effective date ordinance shall become effective passed city council city hialeah signed mayor city hialeah respondent advances additional governmental interest prohibiting slaughter sacrifice animals areas city zoned slaughterhouses see brief respondent district found interest compelling see sd interest justify ordinances apply conduct without regard occurs ordinance impose locational restriction asserted governmental interest mere restatement prohibition justification discussion therefore put aside asserted interest justice scalia chief justice joins concurring part concurring judgment analyzes neutrality general applicability hialeah ordinances separate sections parts respectively allocates various invalidating factors one sections necessary make clear distinction two terms draw line somewhat different think necessary frankly acknowledge terms interrelated ante substantially overlap terms neutrality general applicability found within first amendment course used employment dept human resources smith earlier cases describe characteristics cause law prohibits activity particular individual wishes engage religious reasons nonetheless constitute law prohibiting free exercise religion within meaning first amendment view defect lack neutrality applies primarily laws terms impose disabilities basis religion law excluding members certain sect public benefits cf mcdaniel paty see bowen roy opinion burger whereas defect lack general applicability applies primarily laws though neutral terms design construction enforcement target practices particular religion discriminatory treatment see fowler rhode island certainly law general applicability sense described considered nonneutral certainly law nonneutral relevant sense thought general applicability agree invalidating factors set forth part ii opinion seems matter consequence rubric neutrality part general applicability part invalidating factor discussed join judgment opinion except section part join section departs opinion general focus object laws issue consider subjective motivation lawmakers whether hialeah city council actually intended disfavor religion santeria noted elsewhere virtually impossible determine singular motive collective legislative body see edwards aguillard dissenting opinion long tradition refraining inquiries see fletcher peck cranch marshall perhaps contexts determination legislative motive must undertaken see lovett think true analysis first amendment fourteenth extent incorporates first see edwards aguillard supra scalia dissenting first amendment refer purposes legislators enact laws effects laws enacted congress shall make law prohibiting free exercise religion put us business invalidating laws reason evil motives authors hialeah city council set resolutely suppress practices santeria ineptly adopted ordinances failed see laws said prohibi free exercise religion view matter legislature consists entirely purehearted law enacts fact singles religious practice special burdens ordinances passed motive part councilman except ardent desire prevent cruelty animals might fact case nonetheless invalid justice souter concurring part concurring judgment case turns principle disagreement free exercise clause bars government action aimed suppressing religious belief practice holds hialeah animal sacrifice laws violate principle concur holding without reservation prohibiting religious exercise object laws hand case present difficult issue addressed last free exercise case employment dept human resources smith announced rule neutral generally applicable law run afoul free exercise clause even prohibits religious exercise effect today refers rule dicta despite general agreement opinion join part ii dicta appear doubts whether smith rule merits adherence write separately explain smith rule germane case express view case presenting issue reexamine rule smith declared according smith prohibiting exercise religion results enforcing neutral generally applicable law free exercise clause offended call smith rule distinguish noncontroversial principle also expressed smith though established long free exercise clause offended prohibiting religious exercise results law neutral generally applicable noncontroversial principle free exercise clause requires neutrality general applicability issue turning relationship smith case help get terms order significance smith rule statement free exercise clause requires neutrality general applicability also adoption particular narrow conception free exercise neutrality free exercise clause contains requirement governmental neutrality wisconsin yoder hardly novel proposition though term appear first amendment cases used shorthand describe least part clause commands see jimmy swaggart ministries board equalization thomas review bd indiana employment security yoder supra committee public ed religious liberty nyquist school dist abington schempp see also mcdaniel paty plurality opinion invalidating law without using term anything unusual notion free exercise clause requires general applicability though today used exactly term stating reason invalidation see fowler rhode island cf minneapolis star tribune minnesota revenue larson valente general applicability part free exercise neutrality cf lee weisman souter concurring considering establishment clause neutrality law religion neutral face purpose may lack neutrality effect forbidding something religion requires requiring something religion forbids cf mcconnell posner economic approach issues religious freedom regulation neutral economic sense whatever normal scope intentions arbitrarily imposes greater costs religious comparable nonreligious activities secular law applicable prohibits consumption alcohol example affect members religions require use wine differently members religions nonbelievers disproportionately burdening practice say catholicism judaism without exemption sacramental wine prohibition may fail test religion neutrality necessarily follow observation course first amendment requires exemption prohibition depends meaning neutrality free exercise clause embraces point unremarkable one common notion neutrality broad enough cover merely might called formal neutrality free exercise requirement bar laws object discriminate religion also might called substantive neutrality addition demanding secular object generally require government accommodate religious differences exempting religious practices formally neutral laws see generally laycock formal substantive disaggregated neutrality toward religion depaul free exercise clause secures protection deliberate discrimination formal requirement exhaust clause neutrality command free exercise clause rather safeguards right engage religious activity free unnecessary governmental interference clause requires substantive well formal neutrality though smith used term neutrality without modifier rule announced plainly assumes free exercise neutrality formal sort distinguishing laws whose object prohibit religious exercise prohibit religious exercise incidental effect smith placed former within reaches free exercise clause latter laws satisfy formal neutrality smith subject free exercise scrutiny even prohibit religious exercise application four justices rejected smith rule contrast read free exercise clause embracing termed substantive neutrality enforcement law neutral face said may nonetheless offend free exercise clause requirement government neutrality unduly burdens free exercise religion opinion joined brennan marshall blackmun jj internal quotation marks citations omitted rule justices saw flowing free exercise neutrality contrast smith rule requir es government justify substantial burden religiously motivated conduct compelling state interest means narrowly tailored achieve interest emphasis added proposition smith rule stands formal neutrality along general applicability sufficient conditions constitutionality free exercise clause proposition issue case however hialeah animal sacrifice ordinances neutral definition generally applicable case rather involves noncontroversial principle repeated smith formal neutrality general applicability necessary conditions free exercise constitutionality fundamental nonpersecution principle first amendment implicated ante principle adverts holds hialeah ordinances fail satisfy smith requirements ante applying principle tread troublesome ground considering example whether hialeah animal sacrifice laws violate free exercise neutrality rightly observes minimum protections free exercise clause pertain law issue discriminates religious beliefs regulates prohibits conduct undertaken religious reasons correctly finds hialeah laws fail standards question whether protections free exercise clause also pertain law issue though nondiscriminatory object effect nonetheless placing burden religious exercise today intimations matter therefore dicta also rightly finds hialeah laws fail test general applicability need define precision standard used evaluate whether prohibition general application ordinances fall well minimum standard necessary protect first amendment rights ante need discuss rules apply prohibitions found generally applicable question whether areas conduct protected free exercise clause first amendment thus beyond power state control even regulations general applicability yoder case suggestions score dicta ii readily susceptible resolution applying free exercise clause fundamental nonpersecution principle ante far representative case observes hialeah city council provided rare example law actually aimed suppressing religious exercise smith typical free exercise cases involving formally neutral generally applicable law rule smith announced however decidedly untypical cases involving type law smith left prior cases standing left jurisprudence tension tension addressed may legitimately addressed reexamining smith rule next case turn upon application developing standards judge enforceability formally neutral generally applicable laws mandates free exercise clause addressed concepts neutrality general applicability indicating language hard read foreclosing smith rule free exercise clause embraces mere formal neutrality formal neutrality general applicability sufficient conditions free exercise constitutionality variety ways said regulation neutral face may application nonetheless offend constitutional requirement governmental neutrality unduly burdens free exercise religion thomas quoting yoder agree religiously grounded conduct must often subject broad police power state deny areas conduct protected free exercise clause first amendment thus beyond power state control even regulations general applicability ibid thus applied rigorous scrutiny burdens religious exercise resulting enforcement formally neutral generally applicable laws applied burdens caused laws single religious exercise interests highest order otherwise served overbalance legitimate claims free exercise religion mcdaniel paty plurality opinion quoting yoder supra compare mcdaniel supra plurality opinion applying test law aimed religious conduct yoder supra applying test formally neutral general law cases applied heightened scrutiny enforcement formally neutral generally applicable laws burden religious exercise include hernandez commissioner supra frazee illinois dept employment security hobbie unemployment appeals supra bob jones univ lee thomas supra sherbert verner cantwell connecticut though smith sought distinguish cases mandated exemptions secular laws general application see persuaded wisconsin yoder cantwell connecticut according smith true cases hybrid involving free exercise clause conjunction constitutional protections freedom speech press right parents direct education children smith supra neither opinion however leaves doubt fundamental claims religious freedom stake yoder supra see also cantwell supra distinction smith draws strikes ultimately untenable hybrid claim simply one another constitutional right implicated hybrid exception probably vast swallow smith rule indeed hybrid exception cover situation exemplified smith since free speech associational rights certainly implicated peyote ritual hybrid claim one litigant actually obtain exemption formally neutral generally applicable law another constitutional provision reason smith calls hybrid cases mentioned free exercise clause smith sought confine remaining free exercise exemption victories involved unemployment compensation systems see frazee supra hobbie unemployment appeals thomas review bd indiana employment security supra sherbert supra stand ing proposition state place system individual exemptions may refuse extend system cases religious hardship without compelling reason prior smith already refused accept explanation unemployment compensation cases see hobbie supra bowen roy opinion blackmun opinion joined brennan marshall jj white dissenting distinction fails exclude smith smith viewed hypothetical criminal prosecution peyote use individual governmental assessment defendants motives actions form criminal trial mcconnell free exercise revisionism smith decision smith also distinguished unemployment compensation cases ground involve criminal prohibition particular form conduct even chief justice burger plurality opinion bowen roy smith drew analysis unemployment compensation cases applied reasonableness test denial government benefits governmental action legislation criminalizes religiously inspired activity inescapably compels conduct find objectionable religious reasons bowen roy supra opinion burger joined powell rehnquist jj latter category governmental action applied test employed yoder involved criminal prohibition chief justice burger opinion treated ordinary case see bowen roy yoder see also mcdaniel paty noting cases courts considered claims exemptions general criminal prohibitions cases thought illustrative general nature free exercise protections delicate balancing required decisions sherbert yoder important state interest shown cases smith primarily relied establishing rule embraced reynolds minersville school dist gobitis see smith supra subsequent treatment seem require rejection smith rule reynolds upholding polygamy conviction mormon stressed evils saw associated polygamy see polygamy leads patriarchal principle fetters people stationary despotism read consistent principle religious conduct may regulated general targeting law conduct pose substantial threat public safety peace order sherbert verner see also lee bob jones university yoder supra gobitis three justices originally joined opinion renounced disregarding government constitutional obligation accommodate religious views minorities jones opelika opinion black douglas murphy jj explicitly overruled west virginia bd ed barnette see also black douglas concurring since holding free exercise clause applies see cantwell connecticut repeatedly stated clause sets strict limits government power burden religious exercise whether law object unanticipated effect smith responded statements suggesting really mean said detecting least recent opinions lack commitment compelling interest test context formally neutral laws smith supra even commitment palid argue moderating language test eliminating constitutional scrutiny altogether event trouble concluding meant said dozen cases several decades particularly period repeatedly applied test require exemptions even case decided year smith see frazee illinois dept employment security sum seems difficult escape conclusion whatever smith virtues include comfortable fit settled law smith rule view may reexamined consistently principles stare decisis begin smith rule subject argument prior announcement mapp ohio harlan dissenting state oregon smith contended refusal exempt religious peyote use survived strict scrutiny required settled free exercise principles inasmuch state compelling interest regulating practice peyote use accommodate religious practice without compromising interest brief petitioners smith see also id reply brief petitioners smith pp respondents joined issue outcome strict scrutiny facts see brief respondents smith pp neither party squarely addressed proposition embrace free exercise clause irrelevant dispute sound judicial decisionmaking requires vigorous prosecution vigorous defense issues dispute christiansburg garment eeoc constitutional rule announced sua sponte entitled less deference one addressed full briefing argument cf ladner declining address important complex issue concerning scope collateral attack upon criminal sentences received meagre argument parties thought benefit full argument dealing question smith rule vitality precedent limited seeming want need resolving question presented case justice reached result majority applying parties requested established free exercise jurisprudence majority never determined case resolved narrower ground going instead straight broader constitutional rule better practice one supported principles restraint underlie rule stare decisis formulate rule constitutional law broader required precise facts applied ashwander tva brandeis concurring quoting liverpool new york philadelphia commissioners emigration suggesting smith lacked power announce rule think rule law unnecessary outcome case especially one put play parties approaches without sort dicta may followed sufficiently persuasive controlling humphrey executor see also kastigar course mean imply broad constitutional rule announced without full briefing argument necessarily lacks precedential weight time decision may become part tissue law radovich national football league frankfurter dissenting may subject reliance way new unexpected decisions cf planned parenthood southeastern pennsylvania casey smith however case token pointing smith recent vintage mean suggest novelty alone enough justify reconsideration tare decisis justice frankfurter wrote principle policy mechanical formula helvering hallock decision whether adhere prior decision particularly constitutional decision complex difficult one lend resolution application simple categorical rules must account variety often competing considerations considerations full briefing necessity novelty thus exhaust legitimate reasons reexamining prior decisions even reexamining smith rule one important consideration warrants mention however demands reexamination mind smith presents usual question whether follow constitutional rule question constitutional rule follow smith refrained overruling prior free exercise cases contain free exercise rule fundamentally odds rule smith declared smith indeed announced rule relying squarely upon precedent prior cases see decisions reveal reading free exercise clause contained smith rule correct one since precedent nonetheless odds smith rule discussed result intolerable tension free exercise law may resolved consistently principles stare decisis case tension presented resolution pivotal tension rely exists within body extant case law rereading case law course mark limits enquiry directed reexamining smith rule reviewed light precedent rested also text free exercise clause origins text smith assert plain language free exercise clause compelled rule rule permissible reading clause ibid suffice say respectable argument may made law comes closer fulfilling language free exercise clause rule smith announced free exercise clause terms gives special protection exercise religion thomas specifying activity flatly protecting government prohibition clause draws distinction laws whose object prohibit religious exercise laws effect face seemingly applying smith consider original meaning free exercise clause though overlooking opportunity unique transgression save handful passing remarks explored history clause since early attempts see reynolds davis beason attempts recent scholarship makes clear incomplete see generally mcconnell origins historical understanding free exercise religion curious absence history free exercise decisions creates stark contrast cases establishment clause historical analysis prominent place explore history century free exercise opinions overlooked enough note opportunity reexamine smith presents may consider recent scholarship raising serious questions smith rule consonance original understanding purpose free exercise clause see mcconnell origins historical understanding free exercise religion supra durham religious liberty call conscience depaul see also office legal policy dept justice report attorney general religious liberty free exercise clause predating smith appears strong argument clause development first congress origins state constitutions colonial charters philosophy rights framers adhered clause originally understood preserve right engage activities necessary fulfill one duty one god unless activities threatened rights others serious needs state scholarship suggests free exercise clause original purpose secure religious liberty individual prohibiting invasions thereof civil authority school dist abington schempp powerful reason interpret clause accord natural reading applying laws prohibiting religious exercise fact aimed prohibition hold neutrality needed implement purpose substantive neutrality cases formal neutrality sufficient constitutionality smith scholarship original understanding free exercise clause sure uniform see hamburger constitutional right religious exemption historical perspective bradley beguiled free exercise exemptions siren song liberalism hofstra differences opinion weight appropriately accorded original meaning whether one considers original designs clause binding interpretive significance designs surely ranks hierarchy issues explored resolving tension inherent free exercise law stands today iii extent free exercise clause requires government refrain impeding religious exercise defines nothing less respective relationships constitutional democracy individual government god neutral generally applicable laws drafted perspective nonadherent unavoidable potential putting believer choice god government cases present competing answers question government pursuing secular ends may compel disobedience one believes religion commands case us rightly decided without resolving existing tension remains another day may squarely faced footnotes cases make clear look different perspective exemption sacramental wine use deprive prohibition neutrality rather uch accommodation reflec nothing governmental obligation neutrality face religious differences wisconsin yoder quoting sherbert verner see also lee weisman souter concurring prohibition law place earlier century fact exempt wine sacramental purposes national prohibition act title stat one might distinguish formal neutrality facial neutrality facial neutrality permit discovery law object purpose analysis law words structure operation formal neutrality permit enquiry also intentions enacted law compare ante opinion kennedy joined stevens ante opinion scalia joined rehnquist present purposes distinction formal facial neutrality less important distinction conceptions neutrality substantive neutrality yoder involved challenge amish parents enforcement compulsory school attendance law mentioned parental rights recognized pierce society sisters smith pointed see employment dept human resources smith citing yoder yoder distinguish pierce involved substantive due process challenge compulsory school attendance law required merely showing reasonable ness wisconsin yoder quoting pierce supra parents make free exercise claim yoder said pierce reasonableness test inapplicable state action must measured stricter test test developed free exercise clause discussed length earlier opinion see quickly reference parental rights yoder opinion makes clear case involves central values underlying religion clauses yoders raised free exercise defense prosecution school attendance law certiorari granted free exercise issue plainly understood case involve conduct protected free exercise clause even enforcement regulatio general applicability cantwell smith pointed case explicitly mentions freedom speech see citing cantwell connecticut quote smith refers occurs portion cantwell opinion titled econd dealing conviction playing phonograph records see discusses entirely different issue section cantwell smith cites involving neutral generally applicable law titled irst dealing licensing system solicitations see cantwell supra see smith supra though smith implied considering claims exemptions formally neutral generally applicable laws applied water ed version strict scrutiny appraisal confuses cases purported apply strict scrutiny cases purport apply strict scrutiny several cases involving discrete categories governmental action special reasons defer judgment political branches opinions cases said uncertain terms traditional heightened scrutiny applies outside categories see estate shabazz prison regulations judged reasonableness test less restrictive ordinarily applied alleged infringements fundamental constitutional rights goldman weinberger review military regulations challenged first amendment grounds far deferential constitutional review similar laws regulations designed civilian society see also johnson robison gillette also purport apply strict scrutiny several cases claimants failed establish constitutionally cognizable burden religious exercise opinions cases left doubt heightened scrutiny applies enforcement formally neutral general laws burden free exercise see jimmy swaggart ministries board equalization cases established free exercise inquiry asks whether government placed substantial burden observation central religious belief practice whether compelling governmental interest justifies burden internal quotation marks citation omitted lyng northwest indian cemetery protective repeatedly held indirect coercion penalties free exercise religion outright prohibitions subject scrutiny employed sherbert verner see also braunfeld brown plurality opinion among cases purported apply strict scrutiny required free exercise exemptions often denied compare frazee illinois dept employment security hobbie unemployment appeals thomas review bd indiana employment security wisconsin yoder cantwell connecticut hernandez commissioner bob jones university lee three cases found denial exemption survived strict scrutiny tax cases one involved government fundamental overriding interest eradicating racial discrimination education bob jones university supra second doubt ed whether alleged burden substantial one hernandez supra seemed view third see lee supra cases think provide slim grounds concluding true word reynolds denied free exercise claim mormon convicted polygamy davis beason upheld free exercise challenge law denying right vote hold public office members organizations practice encourage polygamy exactly two cases took free exercise clause origins unclear cases open reading clause sometimes protects religious conduct enforcement generally applicable laws see supra citing cases clause never protects religious conduct enforcement generally applicable laws see smith clause protect religious conduct see yoder douglas dissenting part mcconnell origins historical understanding free exercise religion see engel vitale mcgowan maryland everson board ed ewing see also lee weisman souter concurring wallace jaffree rehnquist dissenting school dist abington schempp brennan concurring mcgowan maryland supra frankfurter concurring everson supra rutledge dissenting today observes historical instances religious persecution intolerance gave concern drafted free exercise clause ante internal quotation marks citations omitted doubt true course supports proposition summoned free exercise clause forbids religious persecution remark merits observation fact framers concerned victims religious persecution means demonstrates framers intended free exercise clause forbid persecution inference smith rule requires contrary eradication persecution mean precious little member formerly persecuted sect nevertheless prevented practicing religion enforcement neutral generally applicable laws drove framers desire protect activity deemed special framers well aware potential conflicts religious conviction social duties adams emmerich nation dedicated religious liberty may well hoped bar prohibitions religious exercise fueled hostility majority prohibitions flowing indifference ignorance majority well justice blackmun justice joins concurring judgment holds today city hialeah violated first fourteenth amendments passed set restrictive ordinances explicitly directed petitioners religious practice holding agree write separately emphasize first amendment protection religion extends beyond rare occasions government explicitly targets religion particular religion disfavored treatment done case view statute burdens free exercise religion may stand law general state refusal allow religious exemption particular justified compelling interest served less restrictive means employment dept human resources smith dissenting opinion however applies different test applies test announced smith law neutral general applicability need justified compelling governmental interest even law incidental effect burdening particular religious practice ante continue believe smith wrongly decided ignored value religious freedom affirmative individual liberty treated free exercise clause antidiscrimination principle see thus agree result reaches case arrive result different route state enacts legislation intentionally unintentionally places burden upon religiously motivated practice must justify burden showing least restrictive means achieving compelling state interest thomas review bd indiana employment security see also wisconsin yoder state may create underinclusive statute one fails truly promote purported compelling interest may create overinclusive statute one encompasses protected conduct necessary achieve goal latter circumstance broad scope statute unnecessary serve interest statute fails reason former situation fact allegedly harmful conduct falls outside statute scope belies governmental assertion genuinely pursued interest highest order ibid state goal important enough prohibit religiously motivated activity must stop religiously motivated activity cf zablocki redhail invalidating certain restrictions marriage grossly underinclusive respect purpose piper rule excluding nonresidents bar new hampshire underinclusive permits lawyers move away state retain membership bar case ordinances issue overinclusive underinclusive relation state interests purportedly serve overinclusive majority correctly explains legitimate governmental interests protecting public health preventing cruelty animals addressed restrictions stopping far short flat prohibition santeria sacrificial practice ante underinclusive well espite city proffered interest preventing cruelty animals ordinances drafted care forbid killings occasioned religious sacrifice ante moreover ordinances also underinclusive regard city interest public health ante law discriminates religion ordinances case automatically fail strict scrutiny sherbert verner holding governmental regulation imposes burden upon religious practice must narrowly tailored advance compelling state interest true law targets religious practice disfavored treatment burdens free exercise religion definition precisely tailored compelling governmental interest thus unlike majority believe law burdening religious practice neutral general application must undergo rigorous scrutiny ante view regulation targets religion way ipso facto fails strict scrutiny reason statute explicitly restricts religious practices violates first amendment otherwise however first amendment distinguish laws generally applicable laws target particular religious practices smith opinion concurring judgment rare case state local legislature enact law directly burdening religious practice see ibid respondent single religion way present case easy one decide harder case presented petitioners requesting exemption generally applicable anticruelty law result case today fact every member concurs result necessarily reflect views strength state interest prohibiting cruelty animals case present therefore decline reach question whether free exercise clause require religious exemption law sincerely pursued goal protecting animals cruel treatment number organizations filed amicus briefs behalf interest however demonstrates concern treated lightly see brief washington humane society support respondent brief people ethical treatment animals new jersey animal rights alliance foundation animal rights advocacy support respondent brief humane society american humane association american society prevention cruelty animals animal legal defense fund massachusetts society prevention cruelty animals support respondent brief international society animal rights citizens animals farm animal reform movement defense animals performing animal welfare society student action corps animals support respondent brief institute animal rights law american fund alternatives animal research farm sanctuary jews animal rights animal nations poultry concerns support respondent