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Free exercise clause of the first amendment
Government policies and their influence on religious
First Amendment on religion
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Accommodation is an endless battle that has transcended in America for ages. The rightful accommodation of those with special needs and medical conditions are seemingly harmless in the eyes of the common American, but when rightful accommodation for those with religious motive comes into play the tables are tremendously turned. Religious accommodation in America is much more than meets the eye, approval of said accommodations rely heavily on what the government believes religion to be versus what said person in need of accommodation believes it to be. The First Amendment of the Constitution has but two clauses that vaguely mentions the topic of religion, The Free Exercise clause and the Establishment clause. These clauses serve as toothless lines in a series of political jargon. What this says is that the government wants nothing to do with the way people choose to exercise their belief, all until said people demand certain religious accommodations.
Fair treatment is something that is sought after in this country, if one group can partake in said action then multiple groups should be able to
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participate in the exact same act. For that theory, it is just something that would be too good to be true. Now in America, it wouldn’t be wrong to say that minority religions do not receive fair treatment or that minority religions are not rightfully accommodated for their beliefs or expression of their religion. Mormons who practice polygamy and wish to rightfully participate in this act while under the permission of the government are awaiting disappointment. Polygamy, illegal in the United States yet taught as a Mormon that it is your religious duty to serve multiple wives in exchange for a peaceful after-life. In the case Reynolds vs. USA, George Reynolds claimed that it was his religious duty to marry multiple wives under the legal oath his church. While Reynolds could easily state that he is married to multiple spouses, in the eyes of his faith it needed to be conducted legally to be considered a real marriage. In Reynolds case, he fought for his duty to exercise his religion, a fight that he ultimately lost. The court did not accommodate to Reynolds needs as it violated the laws in Utah and the United States. The courts carefully appealed to his expression of religion and said that the belief of polygamy wasn’t the issue, but that the physical act of polygamy was. In this country, free exercise of religion is not the issue but the physical act that one must carry out is what’s monitored by the government. While Americans are protected by the Free Exercise clause of the First Amendment, they are not protected when participating in “Religious” acts that involve breaking the law. Keep in mind that this issue only seems to appear in minority religions. Religions like those of the Amish have been righty accommodated so that the parents of such Amish children can determine whether or not their children attend school. While some state laws permit you to quit education after a certain age, some state laws claim that you must have a certain amount of educational years underneath your belt. Now why is it that these Amish can pull their children out of school and potentially deprive them of important knowledge, but adults who practice polygamy at a consensual level aren’t allowed to marry? Who is to know that religious accommodation doesn’t come from a government who cannot see the day that minority religions give up and convert to a majority religion? The government, courts and law makers will always point to what is stated in the constitution and claim that religious accommodation is held as a serious matter when it surfaces. In cases that is true, the courts do the best trying to accommodate certain religions in order to maintain order in society. The courts objective can’t be to say that one group can do something while others cannot but instead to equal out the playing field and give those who need religious accommodation a listen. Looking at polygamy from an unethical stand point you may say that the act doesn’t “hurt” anyone and that they should marry if they want, but that is exactly what courts want to avoid. Courts want to avoid handing out accommodations based on views such as that one. They can’t let up and just give in. Sure, polygamy doesn’t hurt anyone, but what will be next to come? People of the Church of Scientology would like to experiment on live humans? Those of the Pagan culture would like to be allowed human sacrifices? To the courts they see no difference in agenda. Those religions have the right to believe freely as they would like, but as soon as that belief becomes physical that is when they step in and regulate. Studying cases and finding many odd interpretations of how religion is defined in America has lead me to believe to question religion in its’ entirety.
Not that I no longer have belief in my religion, but how my religion is based on in comparison to the others. Will I be religiously accommodated for special events that I partake in? Lent, Good Friday, Ash Wednesday or Easter? Will I be accommodated for the days I have to miss class in order to fulfill my religious duty? Or will it be a bigger issue in the eyes of the Law? Even though I see no purpose in the use of the Free Exercise clause of the First Amendment, I can see why it was included. The government wants that clause to be used as a spineless mediator for their cases. They want something to vaguely refer to when they potentially decide whether or not the religion of their liking can be accommodated or
not. Why hasn’t this clause been updated to fit the society we live in today? Is it because that wording is perfect in the governments’ benefit or has a certain religion not gained enough power to threaten the governments agenda?
The Free Exercise Clause of the First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Meaning, Congress cannot forbid or ban the exercises or beliefs of any religion. However, the government can in fact interfere with religions practices. This means that the government cannot prohibit the beliefs of any religion, but can intervene in certain practices.
Amendment 1 [2010] Congress will make no law that restricts people’s religious beliefs, right to express themselves in public and private peaceably, or ability to petition the Government for settling of grievances. Answering the question of today’s relevance, this is absolutely relevant. The people of a nation must be able to express themselves and have open discussions, peaceably and in public. The phrasing of expressing themselves has much wiggle room and I am sure all our present day decency laws and other laws protecting people from harm would spell out case law for the settling of future court cases.... ...
In 1492, Christopher Columbus came across North America accidentally during his voyage to the East Indies. Columbus’s discovery marked the beginning of a new era; with it the Europeans became aware of the opportunities the New World offered. This encouraged others to set out and explore the North and South America in the 1500s. Although colonial America was governed under the British rule, it developed differently than Britain. Since Colonial America was diversified, it offered new opportunities, different religions, and different political views than Britain.
In 1939, President Franklin D. Roosevelt recognized the place that religion holds in democracy. “Religion, by teaching man his relationship to God, gives the individual a sense of his own dignity and teaches him to respect himself by respecting his neighbor's. Democracy, the practice of self-government, is a covenant among free men to respect the rights and liberties of their fellows. International good faith, a sister of democracy, springs from the will of civilized nations of men to respect the rights and liberties of other nations of men. In a modern civilization, all three—religion, democracy and international good faith—complement and support each other” (Franklin D. Roosevelt: State of the Union message). This statement supported the idea that religion is associated with a well functioning government. However, in the case of Everson v. Board of Education it was stated that, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach” (Hugo Black). This case occurred after Roosevelt’s presidency, and left a significant impact on the American government, as it made clear that religion had no place in the government (Hugo Black). In recent years, a larger disconnect between the church and the American court systems has been created with the nationwide
The First Amendment of the United States Constitution includes the Establishment Clause and the Free Exercise Clause. These clauses instruct that legislature shall neither establish an official religion nor unnecessarily restrict the practice of any religion. U.S. Const. amend. I.
The free exercise clause is also part of the first amendment stating that “prohibiting the free exercise thereof”. This clause limits and prohibits the congress to regulate people’s religion. Even though it is not generally accepted, minority groups with different religions can practice their faith and not be subject to any disciplinary action for doing so. Citizens can practice their religion freely, and the government cannot enforce a law prohibiting the exercise of this religion. This clause was in issue in the court case Tucaso v. Watkins stating in Gaustad’s reading “Proclaim Liberty Throughout All the Land”. Tucaso refused to declare his belief in God, which resulted in his appointment to Nota...
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (First Amendment Center, 2008)
The incorporation of the 14th Amendment in regards to Civil Liberties is one of the longest and most important constitutional debates of all time. Though the 14th Amendment was adopted in 1868, the Supreme Court rendered their first interpretation of its scope five years later. The Court supported the Privileges and Immunities Clause by a narrow 5-4 vote. This clause was later thought to be the regular basis of enforcing individual citizen’s rights and civil liberties. The development in understanding and the provision for protection of one such liberty, freedom of religion, has changed throughout the history of the United States. Evidence of this can be seen not only in the role government has played but also through several court cases.
All branches of military service can fully expect full-length beards, tattoos, piercings, and turbans amongst the ranks of military service members while in uniform! Senior leaders should be aware of Department of Defense (DOD) policy change in regards to religious accommodations of service members, because of the impact these changes will have on all branches of the armed forces of the United States. This paper will state the background related to the DOD religious accommodation policy, discuss the effects on uniform standards, and provide recommendations for change to the current policy.
To open this discussion, I would like to start with the civil liberty of freedom of religion. This liberty was identified in my original Constitution essay through the mentioning of the separation of church and state clause. The reason for my including of this liberty, and my stressing of its importance, is that I feel that the government interprets this liberty in a one sided fashion because of the incorrect interpretation of the already in place separation of church and state clause. I also include it because I believe that recently the attacks upon religion have metastasized and tha...
According to Justice Scalia, “if prohibiting the exercise of religion was merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment was not offended.” (Questions and Answers, Map of the RFRA). Thus, the adage is a sham. ".the government no longer had to justify most burdens on religious exercise. The free exercise clause offered protection only if a particular religious practice was singled out for discriminatory treatment.
Religious toleration in the British colonies was more limits than it was expansion. When there was "religious toleration", it had to go based on some rules that were put by the main church or by the royal Supremacy. Elizabeth the first is an adequate example of this. The Quakers were also limited by the church of England. Puritans along with the Quakers were pushed out of the colony and very badly tortured if they were caught going against the word of the Book of Prayer. Every time that a colony was able to practice their own religion, they would have to go by the rules and guidelines set by those with higher authority and power. Massachusetts and Pennsylvania were two colonies that were known to be religiously free. They were thought to be havens for fleeing religious parties from England.
Since the early 1980's, there has also been an increase in the number of people
For many years we have heard about the separation of church and state. Despite being written as part of the First Amendment in the Constitution, can the two really be separated? What law actually dictates the separation of church and state? The truth is that the government has never passed a law implementing a separation of church and state. What is actually written in the Constitution is: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." America is one of the few nations in the world whose sole existence is due to religion. The pilgrims were the first to settle in America. They came in search of religious freedom, as did many others after them. Many of America's early documents, laws, and freedoms were based on religious beliefs. We could look at several similar examples. The fact is that freedom of religion, speech, press, peaceful assembly, and to petition the government are all covered in the First Amendment. The first of these firsts is the freedom of religion. This most likely means that when the authors of the Bill of Rights prepared the first ten amendment to the Constitution, the first thing on their minds was protecting or possibly creating a freedom of religion; but what about the separation of church and state? If our founding fathers intended the separation we are now levied with would their earliest documents contain phrases such as "We hold these truths to be self-evident, 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…" This is part of the Declaration of Independence. Here is another example from Lincoln's Gettysburg Address, "…that is this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth." Even in the Pledge of Allegiance the nation is referred to as "…one nation under God…" Religion also plays an important role in politics. As once stated by Ronald Reagan "politics and morality are inseparable, and as morality's foundation is religion, religion and politics are necessarily related.
Initially, I will give a brief definition of “religious belief” and “religious discrimination” and write afterwards about prohibitions regarding religious discrimination, reasonably accommodation of religious beliefs and practices, undue hardship, and about the question “Who is subject to the provisions under Title VII?”.