In the case involving a mountain sacred site and a federal ski facility permit, what standard governs the court’s review of the permit with respect to the group’s free exercise claim?

• A. Strict scrutiny applies only if the action targets the religious practice
• B. Intermediate scrutiny applies
• C. Rational basis applies
• D. The standard is preemption

Answer: (A)

When reviewing a free exercise claim, the level of scrutiny depends on whether the government action is aimed at the religious practice itself. If the action directly targets the religious practice—singling out the group’s religion or its rituals—the court applies strict scrutiny, requiring a compelling government interest and narrowly tailored means. If the action is neutral toward religion and generally applicable, burdens on religious exercise are reviewed under the ordinary framework (often not strict scrutiny). In the mountain sacred site case with a federal ski facility permit, the court would apply strict scrutiny only if the permit decision is directed at the religious practice. If the decision is neutral and generally applicable, strict scrutiny would not apply.