Also known as: neutral · not of general application · facially neutral · general applicability
Written by attorneys · grounded in primary & secondary sources — see below
A law or regulation that singles out religious conduct for disfavored treatment or fails to apply uniformly to analogous secular conduct. Such a law triggers strict scrutiny under the Free Exercise Clause because it is not neutral toward religion or not generally applicable to all similar activities.
Nikhil Narayan, a former law clerk, seeks to represent a party in a dispute he helped adjudicate while clerking for a federal judge. The ethics rule bars representation unless all parties consent in writing. Because the rule singles out no religious practice and applies evenly to every former clerk, it remains neutral and generally applicable.
Nia Nkosi, a criminal defendant, objects when the prosecutor strikes all Black jurors from the panel. The prosecutor offers no race-neutral reason tied to the facts of the case. The court must decide whether the strikes rest on a neutral explanation or instead reflect purposeful discrimination that violates equal protection.
Select any source to read its text and confirm it supports the definition.
Noreen Nguyen operates a noisy outdoor repair shop on her property that sends vibrations and debris onto a neighbor's land. The rule imposes liability when the activity creates an unreasonable risk of harm outside the land, the same standard that would apply if the activity occurred at any other location. The standard is neutral and generally applicable to all possessors.
Nolan Nunez, an attorney, agrees to mediate a contract dispute between two companies that are not his clients. He must explain to unrepresented parties that he represents neither side. The rule governs every lawyer serving in this capacity and does not favor or disfavor any religious viewpoint, remaining neutral and generally applicable.
Nicole Navarro is fired after using a controlled substance during a religious ceremony. State law bars benefits for anyone dismissed for criminal drug use. The prohibition applies to all employees regardless of motivation and does not target religious conduct, so the law is neutral and generally applicable.
Norman Nash serves as a mediator in a commercial dispute. One party appears without counsel and seems confused about the mediator's role. The rule requires Norman to explain that he represents neither side. The disclosure obligation applies uniformly to every mediator and does not single out any religious practice.
A law that is not neutral or not generally applicable must undergo strict scrutiny. Neutrality fails when the law targets religious conduct for disfavored treatment. General applicability fails when the law prohibits religious conduct while permitting analogous secular conduct.
A court examines the text, operation, and legislative history of the law. If the law singles out religious conduct or was enacted with animosity toward a religious practice, it is not neutral.
A law is not generally applicable when it contains exemptions for secular conduct that undermine the stated governmental interest but denies similar exemptions for religious conduct.
No. Under current doctrine a neutral and generally applicable law that incidentally burdens religion does not violate the Free Exercise Clause and needs no religious exemption.
…reprisal"; she had direct knowledge as an eyewitness; she was describing recent events; and she was being questioned by a "neutral" law enforcement officer. App. 76-77. The prosecution played the tape for the jury and relied on it in closing, arguing that it was "damning evidence" that "completely refutes…