17 May 2025
In this sixteenth video of my Fourth Lecture Series, I cover the concept of a “compelling governmental interest” under RFRA. As discussed, this concept is a descendant of the infamous “peace and safety” carveouts which were predominant in founding era state constitutions.
In the context of a “compelling governmental interest” in health and safety (under the Controlled Substances Act) is case specific under RFRA and “this substance” under “these circumstances” is the jurisprudential framework underpinning the government’s required demonstration under the statute. As such, what questions, or might we say facets or characteristics of a controlled substance make it more or less likely to implicate a “compelling governmental interest?”
In CSA-based RFRA cases, courts look to both the health and safety risks present for those consuming the controlled substance(s) within the religious paradigm established by the individual and/or church community, and then examine to what extent those risks require the claimant/defendant to try and guard against their Sacrament being diverted outside of religious uses.
Here, I break down the main components of a proper “compelling governmental interest” analysis under RFRA. Again, both sanctity and safety should be of primary importance if one desires to operate in a manner which does not trigger such a strong interest in enforcement. Stay Tuned!!!!
Watch the vide at the link
