<P> U.S. courts apply the strict scrutiny standard in two contexts: when a fundamental constitutional right is infringed, particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the Due Process Clause or "liberty clause" of the 14th Amendment, or when a government action applies to a "suspect classification," such as race or national origin . (A notable exception to this "liberty clause" rule, however, is parental rights, the only Fourteenth Amendment fundamental right denied strict scrutiny protection .) </P> <P> To pass strict scrutiny, the law or policy must satisfy three tests: </P> <Ul> <Li> It must be justified by a compelling governmental interest . While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred . Examples include national security, preserving the lives of a large number of individuals, and not violating explicit constitutional protections . </Li> <Li> The law or policy must be narrowly tailored to achieve that goal or interest . If the government action encompasses too much (overbroad) or fails to address essential aspects of the compelling interest, then the rule is not considered narrowly tailored . </Li> <Li> The law or policy must be the least restrictive means for achieving that interest: there must not be a less restrictive way to effectively achieve the compelling government interest . The test will be met even if there is another method that is equally the least restrictive . Some legal scholars consider this "least restrictive means" requirement part of being narrowly tailored, but the Court generally evaluates it separately . </Li> </Ul> <Li> It must be justified by a compelling governmental interest . While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred . Examples include national security, preserving the lives of a large number of individuals, and not violating explicit constitutional protections . </Li>

In order to pass strict scrutiny a law must demonstrate
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