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Analysis on the first amendment
Analysis on the first amendment
First amendment in modern law
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After the supreme court ruled that members of the Native American church are not titled to an exemption from drug laws to use peyote in sacred rites, congress disagreed. It passed the religious freedom Restoration Act, which says “the federal government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.” The “Obama Administrations Mandate” that employers provide tending coverage in employee health insurance provoked a lawsuit form Hobby Lobby, whose owners objected on religious grounds and prevailed in the supreme court. Applying the first amendment guarantee of freedom of religion to an ever changing world is a job that will never be fully done but on the equal protection
"Freedom of Religion: Lyng v. Northwest Indian Cemetery Protective Association" provided a great example dealing with the freedom of religion. The Indians had been living on that land for hundreds of years, yet were denied their attempts to declare the area as a sacred area to prevent building on the lands. In the end it was a bittersweet victory for the Indians because the G-O Road was ordered to remain uncompleted because of the environment and not because it was a sacred territory for Indians. I believe that the Indians should have won the case in the Supreme Court because they were protected by the First Amendment. The case shouldn't have lasted as long as it did.
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
A rehabilitation clinic dismissed two drug rehabilitation counselors for using peyote in a religious ceremony. The two counselors, including Smith, sought unemployment benefits. Possessing peyote is a criminal offense in the State of Oregon. The rehabilitation clinic denied the counselors unemployment on grounds of misconduct. Smith filed suit again the clinic. The Oregon Supreme Court overruled the rehabilitation clinic’s verdict. The court stated that Smith’s religious use of peyote was protected under the First Amendment's freedom of religion. The Employment Division, Department of Resources appealed the case to the United States Supreme Court on the grounds that possession and use of peyote is a crime. The Supreme Court returned the case back to Oregon State Courts to determine if Oregon law prohibits the use and possession of peyote for religious purposes. Oregon State court ruled that consumption of illegal drugs for religious purposes was still considered illegal; however, they were also aware that this ruling also violated the First Amendment. The main issue is whether the government can prevent the religious use of peyote under the Free Exercise Clause of the First Amendment, even if a law prohibits it for everyone else. In addition, can the state deny unemployment benefits to someone who has been fired for using peyote for religious purposes?
Native Americans were not afforded full citizenship in the United States until 1924, therefore they were not afforded the rights of American citizens i.e. religious freedom until then. It wasn’t until 1945, that the Supreme Court held that “Freedom of speech and of press is accorded aliens residing in this country” (Bridges v. Wixon, 326 U.S. 135, 148). In 1890 the Ghost Dance movement gain momentum within the Lakota. This created concern and fear among many whites in the area. A massacre at Wounded Knee on the Lakota Reservation in South Dakota was a direct result of the Euro- American fears of non-Christian people. Tisa Wegner tells us, “in 1906, Congress supported a view, amending the Dawes Act to postpone citizenship for newly allotted Indians for twenty-five-year period or until they had “adopted the habits of civilized life” (Hoxie 1995:211-238). The Native people then developed secular dance ceremonies which allowed them to continue the practice of dancing and not be perceived as a threat, they did this by having these ceremonies coincide with Euro-American
...T AMENDMENT BECAUSE THE PRAYERS GIVEN BEFORE EACH MEETING SHOWED ENDORSEMENT AND COERCION OF A PARTICULAR FAITH.
According to the Census Bureau, “the United States has more than 310 million people” (Tannahill 2012). Even though the United States is founded on the Constitution and the Bill of Rights, there are various subjects that can often spark a heated debate among Americans. In a society and government that is vastly changing by the year, heated debates over various subjects including gay marriage, women’s rights, religious rights, etc. are often discussed due to multiracial, multiethnic, and religious differences among citizens. In recent months, the ruling made on June 30, 2014 by the Supreme Court in the particular case of Hobby Lobby vs. Burwell has created controversy for the sense that many battle
First, it is imperative to comprehend the implications of the case Sebelius v. Hobby Lobby. This court case is still in litigation and pertains to the Fourteenth Amendment, the Affordable Care Act (ACA), religious freedom, and woman’s access to contraceptives. The ACA requires all insurance companies to cover forms of female birth control. The ACA also requires l...
Restraint and Activism Judicial activism is loosely defined as decisions or judgements handed down by judges that take a broad interpretation of the constitution. It is a decision that is more of a reflection of how the judge thinks the law should be interpreted, rather than how the law has or was intended to be interpreted. There are many examples of judicial activism; examples include the opinions of Sandra Day O'Connor in the Lynch v. Donnelly and the Wallace v. Jaffree trials. Sandra Day argues for the changing of the First Amendment's ban on "establishment" of religion into a ban on "endorsement" of religion. Others include the U.S. v. Kinder, where Congress passed legislation that would require a minimum sentence for persons caught distributing more than 10 grams of cocaine.
From the beginning, when Joseph Smith first told of his visions, people discriminated against him and his new profound faith. Smith proves his belief by continuing to have faith in his belief and religion. Smith takes his faith to Ohio where he receives persecution and assault, persecution caused by the peaceful living of their faith. No law gives people the right to discriminate and abuse a religion based on their beliefs. In the same way, the Mormon Church received continuous discrimination when they moved to Missouri. As the crimes against the Mormon Church rose and more attacks took place the government stood by taking no action (Bushman 21). These continuous attacks amongst all parts of the Midwest show the lack of equality amongst all religions. The idea founding the United States, “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness,” that is stated in the Declaration of Independence has been ignored. The government poss...
Over the history of our country Native Americas have long since been oppressed in trying to practice their Native Religions freely, and openly. It wasn’t until the American Indian Religious Freedom Act (AIRFA) of 1978, which “acknowledged the unique nature of Native spirituality” (Limb & Hodge, 2008, p. 618). This law stated that the policy of the United States would be to protect and preserve the right of Native Americans to believe and practice their traditional religions. This was the first major step in the United States history that sought to protect Native Americans and their rights to self-expression of spirituality.
In 1993, one of the most important acts that has gone through Congress was passed (Religious Freedom, Map of the RFRA). This was the Religious Freedom Restoration Act (RFRA) of 1993 (Religious Freedom, Map of the RFRA). This act was passed to answer the 1990 court case Employment Division v. Smith (Questions and Answers, Map of the RFRA). Employment Division v. Smith was a court case in which the issue was whether “Sacramental use of peyote by members of the Native American Church was protected under the free exercise clause of the First Amendment, which provides that ‘Congress shall make no law.prohibiting the free exercise of religion'. ”(Questions and Answers, Map of the RFRA).
Although this amendment does not specifically state that the government can have no religious influence, it does state that no citizen’s religious practices should be regulated by the government. ...
...nvolving for-profit corporations. Hobby Lobby Inc. is one of the plaintiffs. David Green and his family are the owners and say their Christian beliefs clash with parts of the laws’ mandates for comprehensive coverage. Companies that refuse to provide the coverage could be fined up to $1.3 million daily. The Obama administration has defended the law and federal officials say they have already created rules exempting certain nonprofits and religiously affiliated organizations from the requirements. The cases accepted by the Supreme Court were Sebelius v. Hobby Lobby Stores, Inc., and Conestoga Wood Specialties Corp. v. Sebelius.
A more recent policy issue that came up in 2014 is gender identity being allowed in anti-discrimination laws. President Obama signed an executive order barring discrimination on the basis of sexual orientation or gender identity among federal contractors. However in the Supreme Court case Burwell v. Hobby Lobby, the Supreme Court ruled that individuals do not lose their religious freedom when they open a family business. The Lesbian Gay Bisexual Transgender and Queer (LGBTQ) is an interest group fighting for equal rights within the community who share political and social concerns about the discrimination of sexual orientation and gender identity. Opponents of LGBTQ groups have worked equally as hard to pass laws known as Religious Freedom Restoration Acts, which allow business to deny services to LGBTQ people based on their religious beliefs. Each interest group will lobby to a political figure, or political party in order to get their voices heard. With the case involving Hobby Lobby the bureaucratic agency that help with this case was the Department of Health and Human Services, because Hobby Lobby did not want to provide medication for an employee in the health coverage plan the company provided. With future cases involving the LGBTQ they would be able to go to another regulatory agency like
In recent history the Vinson, Warren, Burger, Rehnquist, and Roberts Courts have handed down several decision that have limited religion in the public square. Those courts have had a landmark case regarding faith, Vinson had Everson, Warren had Engel and Abington, Burger had Lemon, Rehnquist had Santa Fé,...