Also known as: general applicability · generally apply · neutral law of general applicability
Written by attorneys · grounded in primary & secondary sources — see below
A law or regulation that applies uniformly to all persons or conduct within its scope without singling out religious practices or granting individualized exemptions.
A city enacts an ordinance that prohibits a particular animal-slaughter method used only by a religious group. Gustavo Gutierrez, a practitioner, is prosecuted under the ordinance. The law fails to qualify as generally applicable because it was designed to suppress the religious practice rather than to regulate all comparable conduct.
A state criminal statute bans peyote possession for all persons. Grace Gupta loses her job after using peyote in a religious ceremony and is denied unemployment benefits. The statute qualifies as generally applicable because it regulates all uses of the substance without regard to religious motivation.
Select any source to read its text and confirm it supports the definition.
A city policy bars foster agencies from rejecting same-sex couples but allows officials to grant case-by-case exemptions. Gavin Grant, who runs a religious agency, refuses to certify such couples. The policy is not generally applicable because the exemption mechanism permits discretionary departures from the rule.
The President issues an order limiting entry of nationals from several countries for national-security reasons. Giselle Guerrero, a contractor affected by the order, challenges it on religious grounds. The order is treated as generally applicable because it rests on a facially neutral security rationale applied across the designated nations.
A city zoning ordinance limits household composition in single-family districts. Greta Goldstein, who lives with extended family, claims the rule burdens her religious living arrangement. The ordinance qualifies as generally applicable because it imposes the same limits on all residents regardless of religious motivation.
A city denies a church a building permit under a historic-preservation ordinance that applies to all property owners. Glenn Gross, the church leader, seeks an exemption on religious grounds. The ordinance is generally applicable because it enforces uniform preservation standards without targeting religious conduct.
A law fails to qualify as generally applicable when it targets religious conduct or permits individualized exemptions that allow officials to grant religious exceptions. In such cases strict scrutiny applies rather than rational-basis review.
Yes. A criminal statute that bans a substance for all persons and does not single out religious uses is generally applicable even when it incidentally burdens religious ceremonies.
The existence of a mechanism allowing officials to grant individualized exemptions destroys general applicability because it creates the possibility of religious discrimination.
Rational-basis review applies. The Free Exercise Clause does not require a compelling interest or narrow tailoring when the law is neutral and generally applicable.
…consistently held that the right of free exercise does not relieve an individual of the obligation to comply with a “valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).” United States v. Lee , 455 U. S. 252, 263, n. 3 (1982) (Stevens, J., concurring…