Emp’t Div. v. Smith, 494 U.S. 872, 885-89 (1990) (rejecting the suitability of the compelling state interest test to free exercise claims); see also Ariel Y. Graff, Free Exercise and Hybrid Rights: An Alternative Perspective on the Constitutionality of Same-Sex Marriage Bans, 29 U. Haw. L. Rev. 23, 24 (2006) (describing the holding in Smith as being that “free exercise challenges to neutral, generally applicable laws warrant only rational basis review”).
Davd Schraub, Unsuspecting, 96 B.U.L. Rev. 361, 387 n.131 (2016).