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Printable Form 872 Fulton Georgia: What You Should Know

Free Exercise Clause Violation occurs when a law burdens religious exercise in any degree. (To qualify for the Free Exercise Clause, a law must be one that is generally applicable.) See also, City of Cleveland v. Ohio (1968) 491 U. S. 1032, (1991) (per curia). To qualify for the Free Exercise Clause, a compelling state interest must exist and the law must have the primary effect of sponsoring, rather than burdening, religion. SECTION 1. The Supreme Court of the United States has held that the First Amendment prohibits the Federal Government from substantially burdening religions exercising their beliefs by placing significant burdens on their ability to act in their own religious sphere. For example, this Court's decisions upholding the government's ability to require the payment of a tax on a religious organization's ability to use religion-oriented health care to which its members conscientiously object also have recognized a compelling state interest in avoiding such significant burdens. See Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos, 483 U. S. 327, 336 (1987) (per curia); id., at 330, n. 6 (O'Connor, J., dissenting); cf. United States v. Lee, 455 U. S. 252 (1982) (per curia). The tax law at issue in this case in no way touches the ability of organizations to conduct religious activities. The Court finds no Establishment Clause violation where the tax imposed on the religious organizations in question is so slight as to pass rational basis review. Moreover, it is of little consequence that this Court has not previously recognized such a result, considering that the government has failed to convince itself of the existence of a compelling state interest in this case. In addition, this case involves only the tax on property that the property owner receives in compensation for his services to the nonprofit organization. Such a property taxation would pass the traditional intermediate scrutiny test. In the absence of any compelling interest supporting the imposition of the tax, the law under review is constitutional. In an attempt to vindicate these constitutional holdings, the government urges this Court to expand the definition of “government” as used in the Free Exercise Clause of the First Amendment to include a federal agency. The government contends that the Internal Revenue Service has a compelling interest in pursuing those individuals who intentionally evade its voluntary payment of taxes. This Court, however, must consider the precise contours of the government's interest.

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