and overruled the Gerona test. The fairly recent case of Iglesia ni Cristo went back to the "
clear and present danger" test in the maiden case of A merican Bible Society. Not
surprisingly, all the cases which employed the "clear and present danger" or "grave and
immediate danger" test involved, in one form or another, religious speech as this test is often
used in cases on freedom of expression. On the other hand, the Gerona and German cases
set the rule that religious freedom will not prevail over established institutions of society and
law. Gerona, however, which was the authority cited by German has been overruled by
Ebralinag which employed the "grave and immediate danger" test . Victoriano was the only
case that employed the "compelling state interest" test, but as explained previously, the use
of the test was inappropriate to the facts of the case.
The case at bar does not involve speech as in A merican Bible Society, Ebralinag and Iglesia ni
Cristo where the "clear and present danger" and "grave and immediate danger" tests were
appropriate as speech has easily discernible or immediate effects. The Gerona and German
doctrine, aside from having been overruled, is not congruent with the benevolent neutrality
approach, thus not appropriate in this jurisdiction. Similar to Victoriano, the present case
involves purely conduct arising from religious belief. The "compelling state interest" test is
proper where conduct is involved for the whole gamut of human conduct has different
effects on the state's interests: some effects may be immediate and short-term while others
delayed and far-reaching. A test that would protect the interests of the state in preventing a
substantive evil, whether immediate or delayed, is therefore necessary. However, not any
interest of the state would suffice to prevail over the right to religious freedom as this is a
fundamental right that enjoys a preferred position in the hierarchy of rights - "the most
inalienable and sacred of all human rights", in the words of Jefferson. This right is sacred for
an invocation of the Free Exercise Clause is an appeal to a higher sovereignty. The entire
constitutional order of limited government is premised upon an acknowledgment of such
higher sovereignty, thus the Filipinos implore the "aid of Almighty God in order to build a just
and humane society and establish a government." As held in Sherbert, only the gravest
abuses, endangering paramount interests can limit this fundamental right. A mere balancing
of interests which balances a right with just a colorable state interest is therefore not
appropriate. Instead, only a compelling interest of the state can prevail over the fundamental
right to religious liberty. The test requires the state to carry a heavy burden, a compelling
one, for to do otherwise would allow the state to batter religion, especially the less powerful
ones until they are destroyed. In determining which shall prevail between the state's interest
and religious liberty, reasonableness shall be the guide. The "compelling state interest"
serves the purpose of revering religious liberty while at the same time affording protection to
the paramount interests of the state. This was the test used in Sherbert which involved
conduct, i.e. refusal to work on Saturdays. In the end, the "compelling state interest" test, by
upholding the paramount interests of the state, seeks to protect the very state, without
which, religious liberty will not be preserved. [Emphases in the original. Underlining
supplied.]
The Court's Position
In the case at bench, it is not within the province of the Court to determine whether the use
of contraceptives or one's participation in the support of modem reproductive health
measures is moral from a religious standpoint or whether the same is right or wrong
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents