In challenging a law that burdens a religious practice, the rights considered under the Fourteenth Amendment are typically those of:

• A. The deceased.
• B. The parents of the deceased.
• C. The state.
• D. The religious organization.

Answer: (B)

The key idea is that Fourteenth Amendment protections are personal and must be asserted by the individual whose liberty is at stake. When a law burdens a religious practice, the person who would practice the religion—the living individual with a liberty interest—has standing to challenge. If that person is a minor or otherwise unable to sue, a parent or guardian can press the claim on the child’s behalf because the parent has a recognized liberty interest in directing the child’s upbringing and religious observances.

In the scenario where the religious practice in question involves someone who is deceased, the rights themselves do not survive death and cannot be asserted by the deceased. The party who can carry forward the challenge, reflecting the deceased’s interest and the family’s role, is the parents of the deceased, who stand in the position of guardians for matters concerning the child’s past religious beliefs and rites. The state is the potential regulator and the defendant, not a claimant of the rights, and a religious organization does not possess the deceased’s personal rights to sue over their own religious practice.

So, the correct answer reflects who has the standing to protect and press a Fourteenth Amendment-free exercise interest on behalf of the deceased—the parents.