Talk:Compelling state interest

I don't know what to do with this: http://en.wikipedia.org/wiki/Free_Exercise_Clause_of_the_First_Amendment#Compelling_interest

It is known as compelling STATE interest... it applies to much more than just free excercise.

Merger proposal
In Constitutional Law, a court employs one of three main tests for Due Process or equal protection claims: strict scrutiny, intermediate scrutiny, and rational basis. Compelling state interest is part of a strict scrutiny test for state actions only (under a Fourteenth Amendment challenge). Because strict scrutiny has its own article, this page could be incorporated into that one as part of a subheading. Should that particular section become too long (through discussion of past Fourteenth Amendment Claims), this page could be reinstated. The traditional state interests that are "compelling" are those that involve the "health, safety, and welfare" of its citizens.

The previous stub discussed abortion and privacy as employing the compelling state interest test. This was false. Abortion has its own test that of "substantial obstacle", privacy is a liberty interest employing a rational basis test or intermediate scrutiny test depending on the case and the theory of the commentator. Legis Nuntius 19:19, 3 October 2007 (UTC)

Then why does Epstein disagree? Jdblick (talk) 17:56, 18 November 2007 (UTC)

And why is some of the stuff I put on THIS page edited away?!? Jdblick (talk) 07:49, 29 November 2007 (UTC)
 * Strong support for the proposed merge; both articles will be better for it. bd2412  T 11:25, 26 December 2007 (UTC)

I agree. Much of Wikipedia's legal commentary is poorly organized. This is just another example. Everything on this page should be moved to the Strict scrutiny section. --G77 (talk) 01:57, 26 January 2008 (UTC)

Strong supprt "compelling state interest" (like 'interest' itself) has _no _meaning_ outside of the context of multi-tier constitutional scrutiny, and is better explained in the context of articles that explain multi-tier constitutional scrutiny. Let's kill this stub, ASAP. Non Curat Lex (talk) 10:30, 27 January 2008 (UTC)