Miller v. Reed
176 F.3d 1202, 99 Cal. Daily Op. Serv. 3882, 163 A.L.R. Fed. 739 (1999)
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Rule of Law:
A neutral, generally applicable law that incidentally burdens a religious practice does not violate the Free Exercise Clause if it is rationally related to a legitimate government interest. A hybrid-rights claim, which would trigger strict scrutiny, requires the free exercise claim to be paired with another constitutional claim of colorable merit.
Facts:
- For twenty-three years, Donald S. Miller held a valid California driver's license.
- In 1996, Miller applied to renew his license, and the California Department of Motor Vehicles (DMV) required him to provide his Social Security Number (SSN) pursuant to California Vehicle Code § 1653.5.
- Miller holds a longstanding and deeply held personal religious belief that providing his SSN to entities other than the Social Security Administration contributes to a "surrogate shadow-identity" and is "tantamount to a 'sin.'"
- Based on this religious conviction, Miller refused to supply his SSN on the renewal application.
- Although Miller was otherwise qualified for a renewal, the DMV rejected his application solely because he failed to provide his SSN.
Procedural Posture:
- Donald S. Miller filed a lawsuit against Sally Reed, Director of the California DMV, in the United States District Court for the Northern District of California.
- Miller alleged violations of his civil rights under 42 U.S.C. § 1983, the Religious Freedom Restoration Act (RFRA), and his state constitutional right to privacy.
- The district court initially dismissed Miller's constitutional claims, but after the Supreme Court found RFRA unconstitutional in another case, it granted the defendant's motion for judgment on the pleadings and entered a final judgment dismissing the entire action.
- Miller, as the appellant, appealed the dismissal of his § 1983 claim to the U.S. Court of Appeals for the Ninth Circuit, with Reed as the appellee.
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Issue:
Does a state law requiring all driver's license applicants to provide their Social Security Number violate an applicant's constitutional rights to the free exercise of religion and interstate travel when providing the number conflicts with the applicant's deeply held religious beliefs?
Opinions:
Majority - Thompson, J.
No. A state's requirement that all driver's license applicants provide a Social Security number does not violate the constitutional rights to free exercise of religion or interstate travel. The right to interstate travel does not encompass a fundamental right to drive a motor vehicle; denying one mode of transportation does not unconstitutionally impede the general right to travel. Under the standard established in Employment Division v. Smith, the SSN requirement is a valid, neutral law of general applicability that is rationally related to the state's legitimate interests in collecting child support, taxes, and fines, and therefore does not violate the Free Exercise Clause. Finally, Miller does not present a valid hybrid-rights claim because his free exercise claim is not paired with a constitutional claim of 'colorable merit'; his right to travel claim is meritless and a 'right to drive' is non-existent.
Analysis:
This decision reinforces the high bar for succeeding on a Free Exercise Clause challenge against a neutral, generally applicable law post-Employment Division v. Smith. It clarifies that to successfully invoke the 'hybrid-rights' exception and trigger strict scrutiny, a plaintiff cannot simply pair a free exercise claim with any other constitutional allegation; the companion claim must have 'colorable merit' or a 'fair probability' of success. The ruling also solidifies the distinction between the fundamental right to interstate travel and the state-regulated privilege of driving, preventing the expansion of the former to include a right to a specific mode of transportation.
