What is the test for a "compelling state interest" to restrict access to a person's fundamental human rights?
California, United States of America
The following excerpt is from Perez v. City of San Bruno, 168 Cal.Rptr. 114, 27 Cal.3d 875, 616 P.2d 1287 (Cal. 1980):
11 When rights of such a fundamental nature are involved, "regulation limiting these rights may be justified only by a 'compelling state interest,' (citations), and ... legislative enactments must be narrowly drawn to express only the legitimate state interests at stake." (Roe v. Wade, supra, 410 U.S. at p. 155, 93 S.Ct. at p. 728; see also Griswold v. Connecticut, supra, 381 U.S. at 497, 85 S.Ct. at 1688 (conc. opn.).)
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