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47. What must the group show to prevail on its First Amendment claim?
The group has filed suit in federal district court against the Forest Service to force cancellation of the permit, claiming solely that the permit violates its First Amendment right to the free exercise of religion. The Forest Service has conceded that the group's religious beliefs are sincere and that construction of the ski facility will adversely affect the group's religious practices.
Several sites on a mountain within federal public lands are regarded as sacred to a group of people that has gathered there for years to perform religious ceremonies. The United States Forest Service recently issued a permit to a private developer to construct a ski facility in an area that includes the sites that are sacred to the group.
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D is correct. In order to prevail in its First Amendment claim, the challenger must show that the government action targeted the religious practice in question. By doing so, the court will exercise strict scrutiny over the government's actions. A court typically invalidates government action when it applies strict scrutiny.
A is incorrect. The discriminatory impact of government action on a religious practice is insufficient to establish a violation of the Free Exercise Clause. As explained above, in order to establish a free exercise violation, the challenger must show that the government action targeted the religious practice in question.
B is incorrect. A simple benefit-burden balance of the government action at issue does not establish a violation of the Free Exercise Clause.
C is incorrect. The government is required to select the least burdensome alternative only if a court exercises strict scrutiny to evaluate the action at issue.