us, Sherbert and subsequent cases held that when government action burdens, even inadvertently, a

sincerely held religious belief or practice, the state must justify the burden by demonstrating that the
law embodies a compelling interest, that no less restrictive alternative exists, and that a religious
exemption would impair the state's ability to effectuate its compelling interest. As in other instances of
state action affecting fundamental rights, negative impacts on those rights demand the highest level of
judicial scrutiny. After Sherbert, this strict scrutiny balancing test resulted in court-mandated religious
exemptions from facially-neutral laws of general application whenever unjustified burdens were found. 60

N the first, such freedom is absolute. He may indulge in his own theories about life and death;
worship any god he chooses, or none at all. He may not be punished even if he cannot prove what
he believes.