When a neutral law of general applicability burdens a religious practice, what level of scrutiny applies?

• A. Strict scrutiny
• B. Rational basis review
• C. Intermediate scrutiny
• D. No heightened scrutiny

Answer: (B)

When a law is neutral and generally applicable but ends up burdening a religious practice, the test is rational basis review. This follows the idea that the government may apply evenhanded laws to everyone without targeting religion, so heightened scrutiny isn’t triggered. Under rational basis review, the law is sustained if there is any plausible, legitimate government interest and a rational connection between the law and that interest. The challenger bears the burden to show there’s no conceivable rational basis, but the standard is highly deferential and laws that are neutral and generally applicable are usually upheld.

If a law were not neutral or not generally applicable—meaning it targets religious practice or applies in a way that disadvantages some groups differently—the court would use heightened scrutiny instead.