State v. Green

T 65 In reaching its conclusion that Utah's bigamy statute does not violate the Free Exercise Clause, the majority applies the rational basis standard articulated by the United States Supreme Court in Employment Division, Department of Human Resources v. Smith, 494 U.S. 872, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990), a standard under which a neutral and generally applicable law need not be justified by a compelling governmental interest, even if the law has the incidental effect of burdening a particular religious practice. Although I acknowledge that we are bound in our decision today to follow…